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Backup Documents 06/12/2007 R Board of County Commissioners Regular Meeting BACK-UP DOCUMENTS June 12, 2007 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA June 12, 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." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, Page 1 June 12,2007 AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 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 IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and or Adopted w/changes - 5/0 B. May 8, 2007 - BCC/Regular Meeting Approved as presented - 5/0 C. May 15,2007 - BCC/Charter Government Workshop with Productivity Committee Approved as presented - 5/0 D. May 22,2007 - BCC/Post-Legislative Workshop Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 10 Year Recipient John Agnelli, Industrial Development Authority Presented Page 2 June 12, 2007 B. 5 Year Recipients 1) Frank Donohue, Parks and Recreation Advisory Board Not present 2) Virginia Donovan, Forest Lakes Roadway & Drainage Advisory Committee Not present 3) Charles Gunther, Bayshore/Gateway Triangle Local Redevelopment Advisory Board Presented 4) Gerald Lefebvre, Collier County Code Enforcement Board Presented 5) William Mears, Bayshore/Gateway Triangle Local Redevelopment Advisory Board Not present 6) Michael Sorrell, Environmental Advisory Council Presented 4. PROCLAMATIONS A. Proclamation designating May 21,2007 to May 25,2007 as Immokalee Foundation Week. To be read and accepted by Mr. Ed Laudise, Executive Director, the lmmokalee Foundation. This item was already voted on at the May 22, 2007 BCC meeting. Was adopted at the May 22, 2007 BCC Meeting and accepted today B. Proclamation designating the month of June as Home Ownership Month. To be accepted by Ms. Marcy Krumbine, Director of Housing and Human Services, Collier County. Adopted - 5/0 5. PRESENTATIONS A. Introduction of Congressman Mario Diaz-Balart's new aide. Introductions made Page 3 June 12, 2007 B. Recommendation to recognize County staff members, Bert Miller, Jamie French, Jay Kim, Richard Zyvoloski, Lindsey Dagnall, and Kenneth Kovensky for being recognized by the Public Technology Institute and awarded a first place technology solutions award for the use of innovative Geographical Information Systems Technology in the County's Hurricane Impact Assessment Mobile Application. Recognized C. Contractor Presentation for South County Regional Water Treatment Plant 20-mgd Wellfield Expansion. Presented 6. PUBLIC PETITIONS A. Public petition request by Tim Nance to discuss walkway connecting Palm Crest Villas and Willoughby Park. Discussed - Parks and Rec to bring back an update and solutions in Sept/Oct 2007 Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Continued to the June 26, 2007 BCC Meeting A. This item will be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Florida Statutes 125.379 to be sold and the proceeds used to develop affordable housing. Continued to the October 23, 2007 BCC Meeting B. This item to be heard at 10:00 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-l 0698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LP A and Margaret Perry, AICP, of Wilson Miller, 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, Page 4 June 12,2007 consisting of 17.7 acres, is located on the south side ofImmokalee Road (CR 846), approximately one quarter mile west of the 1-75/Immokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Moved from Item #17H - Continued to June 26, 2007 BCC Meeting C. Petition: PUDZ-2005-AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, 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 207 residential dwelling units of which 20 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. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Motion to continue to the June 26, 2007 BCC Meeting - Approved 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. Resolution 2007-151: Appointing Stephen Hruby, Brian Goguen and Cormack Giblin, appointed by the City of Naples - Adopted 5/0 B. Recommendation to declare a vacancy on the Parks and Recreation Advisory Board. Resolution 2007-152: Adopted 5/0 C. Appointment of members to the Parks and Recreation Advisory Board. Resolution 2007-153: Appointing Barbara Buehler - Adopted 5/0 D. Appointment of member to the Environmental Advisory Council. Resolution 2007-154: Appointing Mark Fenton - Adopted 5/0 E. Discussion and possible direction from Board of County Commissioners regarding amending Advisory Board Ordinance 2001-55, as amended. (Commissioner Fred Coyle) Motion to clarify application of the ordinance and to bring back with amendments - Approved 4/1 (Commissioner Halas opposed) Page 5 June 12,2007 F. Appointment of Commissioners to serve on the Value Adjustment Board and set the date for the organizational meeting. Appointing Commissioner Henning, Commissioner Coletta and Commissioner Coyle as regular members - Approved 4/1 (Commissioner Coyle opposed); Commissioner Fiala and Commissioner Halas will serve as alternates; and setting the Date as July 23, 2007 for the V AB Organizational Meeting G. This item to be heard at 11:45 a.m. Resolution supporting the efforts of the Judicial System to eliminate Identity Theft. (Commissioner Donna Fiala) Resolution 2007-156: Adopted - 5/0 Withdrawn reconsideration but needs clarification of Funding Policy H. Request for reconsideration of Item 16B8 from the May 22, 2007 BCC Meeting which read: Recommendation for the Board of County Commissioners to direct the Road and Bridge Department of the Transportation Division to spray herbicide on vegetation in the bottom of a swale/canal/ditch that drains approximately 1000 acre basin that includes The Boyne South PUD, a portion of US 41, and some agricultural property north and south of US 41. ($2,500) (Commissioner Henning) Motion for staff to establish a set policy for constructing and the maintenance of stormwater projects - Approved 5/0 I. Appointment of members to the Fire Review Task Force. Resolution 2007-155: Appointing Gary Beaumont, William Lawrence Schreck, Dalas Disney, William J. Varian, Bradley William Schiffer, James E. Boughton, J. Christopher Lombardo and Pamela Nickell with one (1) vacancy - Adopted 4/1 (Commissioner Henning opposed); Motion to waive 2 - board limit for Bradley William Schiffer - Approved 5/0 J. Discussion regarding additional funding for possible travel to Tallahassee and Washington regarding tax reform and federal appropriations. (Commissioner Frank Halas) Discussed - no action taken K. Recommendation that the Board establish the process for the selection of a County Attorney. (Commissioner James Coletta) Page 6 June 12, 2007 To be brought back for further discussion; BCC Executive Manager to advertise and to work with Purchasing, HR and the County Manager if further assistance is needed - Approved 5/0 L. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2007-157: Appointing David Buser - Adopted 5/0 10. COUNTY MANAGER'S REPORT To be heard after 1 :00 p.m. A. To update the annual economic incentive report presented to the BCC in the Fall of2006 (Joseph K. Schmitt, Administrator, Community Development & Environmental Services, Division) Motion to accept report - Approved 4/0 (Commissioner Halas absent) B. Recommendation to disapprove institution of an Ordinance to allow use of golf carts on the County roadways ofthe Isles of Capri community. (Bob Tipton, Traffic Operations Director) Motion to approve an Ordinance - Denied 2/3 (Commissioner Coletta, Commissioner Coyle and Commissioner Halas opposed) C. Recommend the Board of County Commissioners consider a Course of Action in Response to the Florida Department of Community Affairs Statement ofIntent to Find a Portion of the EAR Based Growth Management Plan Amendments Not in Compliance. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) Motion to direct the County Manager to enter into a compliance agreement with DCA and to have the County Attorney draft a Planning Moratorium Ordinance to be presented at the July 24th BCC meeting - Approved 3/2 (Commissioner Coletta and Commissioner Henning opposed) D. This item continued from the Mav 22, 2007 BCC Meetinl!:. Providing requested information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building a trail and bridge on City-owned land as part of the Gordon River Greenway. (Alex Sulecki, Principal Environmental Specialist) Commissioner Coyle to send a letter to City Council and express the County's desire to work with them regarding future projects and Page 7 June 12, 2007 explain where the County is in the process, explain what is needed, and request a reply to participate further - Approved 4/0 (Commissioner Halas absent) E. Request to Continue Growth Management Plan Amendment Petitions CP- 2005-3 and -4 from the 2005 Cycle of Plan Amendments to the 2007 Cycle. (Joseph K. Schmitt, Administrator, Community Development) Motion to accept staff's recommendations to not continue petitions- Approved 4/0 (Commissioner Halas absent) Moved from Item #16A7 F. This item was continued from the May 22, 2007 BCC Meetinl!:. This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two-G. Motion to continue - Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve a proposed settlement relating to Parcel 132 in the condemnation lawsuit styled Collier County v. Panther Key, LLC, et aI., Case No. 06-1456-CA (County Barn Road Project No. 60101). (Fiscal Impact $746,050.00) Approved - 5/0 B. This item is a companion to Item #12A, Panther Key Proposed Settlement, to be Considered if Settlement is Rejected. Recommendation to approve the Offer of Judgment in the amount of $1 ,250,000 as to Parcel 132 in the lawsuit styled CC v. Panther Key, LLC, et aI., Case No. 06-1456- CA (County Barn Road Project No. 6010 I). (Fiscal Impact $505,300.00) Withdrawn 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 8 June 12, 2007 A. This item to be heard at 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. (David Jackson, Executive Director, Bayshore/Gateway Triangle CRA) Motion to accept extension for a September 25, 2007 closing date; Chairmen's signature will be contingent upon County Attorney's Office review and due diligence has been proven - Approved 4/0 (Commissioner Halas absent) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd regarding Resolution 2000-149 which gives the County Manager certain powers while the Board is in recess and is ratified upon their return B. Commissioner Fiala's discussion on impact fee deferral and participants' legal residence status; mentioned lowered gas prices ------------------------------------------------------------------------------------------------------------ 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 and sewer utility facilities for Quail West, Phase 3, Unit 6 W /release of the Utility Performance Security 2) To accept final and unconditional conveyance of the water facility for Royal Cove Plaza. W /release of the Utility Performance Security 3) Recommendation to approve final acceptance of the sewer utility facility for Royal Cove Plaza. W /stipulations Page 9 June 12, 2007 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Stratford Place Carriage Homes. W /stipulations 5) Recommendation to approve final acceptance of the water and sewer utility facility for Stratford Place Townhomes. W /stipulations 6) This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Marquesa Royale. Located at Section 36, Township 48 South, Range 25 East Moved to Item #10F 7) This item was continued from the May 22, 2007 BCC Meetinl!:. This item requires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two-G. Located at Section 10, Township 51 South, Range 26 East 8) Recommendation that the Collier County Board of County Commissioners approve a budget amendment of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (Companion item to the Community Redevelopment Agency (CRA) approval of expenditure under 16G 1) B. TRANSPORTATION SERVICES 1) Recommendation to approve a Resolution to reduce the speed limit on Collier Boulevard (CR 951) from the current speed limit of fifty-five miles per hour (55 MPH) to fifty miles per hour (50 MPH) from 1500 ft north of Rattlesnake Hammock Road to 750 ft south of Lely Cultural Boulevard. Resolution 2007-145 2) To receive Board approval to accept an amendment to a funding agreement with the South Florida Water Management District to share Page 10 June 12, 2007 in a portion of the construction cost of the Lely Area Stormwater Improvement Project and to approve a budget amendment to recognizing $395,000 of revenue appropriating same amount as an expense into the project, Project # 511011. 3) To authorize the expenditure of$64,090 for a para-transit vehicle through the Florida Department of Transportation procurement process using a combination of $46,553 in Rural Capital Grant reimbursement dollars, $17,000 in insurance reimbursements, and $537 in local dollars from Fund 427 Project 314271; to accept the Rural Capital Grant money and insurance reimbursements and approve any necessary budget amendments; and to use the FY07 Florida Vehicle Procurement Program and waive the competitive purchase process. 4) Recommendation to approve the purchase of three (3) para-transit vehicles through the 5310 grant that only requires a 10% match through the County. ($26,185.70) 5) Recommendation to approve a change order in the amount of $122,010.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (Project No. 510185) Engineering Design contract. Located East of Goodlette-Frank Road and North of Golden Gate Parkway within the City of Naples C. PUBLIC UTILITIES 1) Recommendation to approve a Change Order in the amount of $217,000 for the electrical work at Pelican Bay Wastewater Decommissioning plant and the associated Budget Amendment, Project # 72501 To help provide additional storage for irrigation quality water during off season 2) Recommend to approve Change Order 2 to Agreement 06-3939 for Program Management and Oversight Services with Malcolm Pirnie, Inc., in the amount of$169,342 related to the Northeast Facility Project # 75012. Page 11 June 12, 2007 To replace existing Orangetree facilities, and serve new customers in the northeast area of the district D. PUBLIC SERVICES 1) Withdrawn 2) 3) Approve a limited use license agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. ($25,000) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Enrique Galvan Ramirez and Ana M. Galvan (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 94 Independence, Phase II in Immokalee. Recommendation to approve budget amendments in the amount of $113,428 to ensure continuous funding of the Alzheimer's Disease Initiative grant. Allows for the delivery of respite care and case management services 4) Recommendation to approve a budget amendment in the amount of $7,099 to ensure continuous funding of the Home Care for the Elderly grant. Will provide in-home support services for private homes 5) Recommendation to approve budget amendments in the amount of $697,291 to ensure continuous funding of the Community Care for the Elderly grant. Funding allows for uninterrupted support services for Seniors that are frail and elderly 6) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Madeleine Joseph (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 132, Independence, Phase II. Deferring $10,177.64 in Impact Fees Page 12 June 12, 2007 7) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Dieuseul & Marthe Mareus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 87, Independence, Phase II. Deferring $8,166.25 in Impact Fees 8) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lemoine Moinius and Marie Moinius (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, Trail Ridge, Naples. Deferring $12,143.84 in Impact Fees 9) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Gaston Duperrier and Marie Duperrier (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 5, Trail Ridge, Naples. Deferring $12,143.84 in Impact Fees 10) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Manasse Fradeus and Martine Fradeus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 141, Trail Ridge, Naples. Deferring $12,143.84 in Impact Fees E. ADMINISTRATIVE SERVICES 1) Approval of a budget amendment to Fund 516, Property and Casualty Insurance to finalize the payment of property insurance claims related to Hurricane Wilma and to recognize corresponding reinsurance recoveries in the amount of$I,449,063. 2) Recommendation to approve a budget amendment to Fund 518, Workers Compensation, in the amount of $24,400 to provide online safety training to Collier County Staff. Page 13 June 12, 2007 3) Report and RatifY Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. To cover periods from April 17, 2007 through May 21, 2007 4) Recommendation that the Board of County Commissioners recognize a Memorandum of Understanding between the County, the Social Security Administration and the Department of Homeland Security instituting participation in their Employment Eligibility Verification Program (EVV), Basic Pilot to verify information on newly hired employees and to maintain compliance with Immigration law. 5) Recommendation to approve the addition of the classification Director Coastal Management Programs to the 2007 Fiscal Year Pay and Classification Plan. F. COUNTY MANAGER 1) Recommend approval of Change Order #3 in the amount of$20,000 on Contract 05-3772 with Miles Media Group for Tourism Department Web Site Modifications. 2) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Habitat for Humanity of Collier County For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief 3) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Veterans of Foreign Wars Post 7721. For assistance with relief/disaster distribution offood, water, supplies and other items for temporary relief 4) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Guadalupe Social Services. For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief Page 14 June 12, 2007 5) . Recommendation to accept an awarded Community Foundation Grant to help fund attendance of staff at the 2007 National Conference on Community Preparedness and the approval of necessary budget amendments to recognize and appropriate revenue in the amount of $1,762.00 Diversity specific training for specific population segments, liability issues, and innovative approaches to funding 6) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Mayflower Congregational Church. For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief 7) Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Immokalee Friendship House. For assistance with relief/disaster distribution of food, water, supplies and other items for temporary relief 8) Recommendation to approve an Inter-local Agreement between Collier County Board of County Commissioners and the Collier County School District regarding disaster preparedness responsibilities contained in Florida Statute 252 Outlining the participation and cooperation with the County with the use of facilities, equipment, and personnel during emergencies G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (Companion item to the Board of County Commissioners budget amendment approval under 16A8) 2) To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Page 15 June 12, 2007 Community Redevelopment area. ($8,000) Located at 2754 Shoreview Drive 3) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3991 New Moon Court ($90,000). 4) Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3962 Harvest Court ($90,000). 5) Recommendation from the Collier County Airport Authority that the Board of Commissions of Collier County accept a grant offer from the Florida Airports Council (F AC) and authorize its Chairman to execute the grant agreement in the amount of $5,000, and approve all necessary budget amendments. This grant is to provide wages, living assistance and/or transportation expenses for one (1) intern during the summer of 2007 at the Marco Island Executive Airport. This grant does not require matching funds. 6) Recommendation to accept a grant offer from the Florida Airports Council (F AC) and authorize the Boards Chairman to execute the grant agreement in the amount of$5,000 and approve all necessary budget amendments. This grant is to provide wages, living assistance and/or transportation expenses for one (1) intern during the summer of 2007 at the Immokalee Regional Airport. This grant does not require matching funds. Page 16 June 12, 2007 7) Recommendation from the Collier County Airport Authority that pursuant to Section 125.38, Florida Statutes, the Board of County Commissioners approve and authorize its Chairman to execute the attached Resolution and authorize the Authority's Executive Director to negotiate, and bring back to the Board for its approval, an agreed- upon twenty-five (25) year sub-lease agreement with the Florida Army National Guard to sub-lease a twenty-five (25) acre parcel of land at the Immokalee Regional Airport on which the National Guard will construct its Readiness Center (National Guard Armory). Resolution 2007-146 8) Approve a budget amendment for $208,000 to increase revenues and expenses for the sale and purchase of aviation fuel at the Marco Island Executive Airport and the Immokalee Regional Airport. Due to the price increase of fuel H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Henning attended 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, FL. $30.00 to be paid from Commissioner Henning's travel budget. 2) Commissioner Henning requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Henning attended The French Legion of Honor/Collier County Veterans Council award ceremony and luncheon on June 6, 2007 at The Hilton Naples, Naples, FL. $29.00 to be paid from Commissioner Henning's travel budget. 3) Proclamation designating June 29 - July 5, 2007 as National Clean Beaches Week. To be mailed to Mr. Walter McLeod, Board of Directors and Advisors, Clean Beaches Council, Washington, D.C. Adopted 4) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council luncheon at Florida Page 17 June 12, 2007 Gulf Coast University on May 24, 2007. $31.00 to be paid from Commissioner Halas' travel budget. 5) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council Eastern Collier County Industry and Opportunity Tour on May 30,2007. $20.00 to be paid from Commissioner Halas' travel budget. 6) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Physician Led Access Network (PLAN) of Collier County's Annual Board Meeting and Dinner on May 14, 2007 and is requesting reimbursement in the amount of$25.00, to be paid from his travel budget. Held at the Physicians Regional Medical Center, located at the 8300 Collier Blvd., Naples I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice COPS Secure Our Schools (SOS) 2007 Grant Program. W /stipulations 2) To obtain board approval for disbursements for the period of May 12, 2007 through May 18,2007 and for submission into the official records of the board. 3) To obtain board approval for disbursements for the period of May 19, 2007 through May 25,2007 and for submission into the official records of the board. 4) To obtain board approval for disbursements for the period of May 26, 2007 through June 01, 2007 and for submission into the official Page 18 June 12, 2007 records of the board. 5) To Present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 20072008 and to Obtain Board Approval for the Chairman to Sign the Application. 6) Recommend that the Board of County Commissioners approve a document for Eleventh Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. Designating Sheriff Don Hunter as the official grant applicant and contact person K. COUNTY ATTORNEY 1) Recommendation to Approve a Stipulated Final Judgment for Parcel 112 in the Amount of$165,000 in the Lawsuit Styled Collier County v. The Shores At Berkshire Lakes Master Homeowners Association, Inc., et ai, Case No. 06-0828-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $17,200.00) 2) Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 178 in the Case Styled Collier County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051) (Fiscal Impact: $56,000.00). 3) Recommendation to Approve a Stipulated Final Judgment for Parcels 858 and 958 in the Amount of$19,300.00 in the Lawsuit Styled Board of County Commissioners of Collier County v. Grand Cypress Communities, et aI., Case No. 05-1 053-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $650.00). 4) Recommendation to Authorize the Making of a Second Offer of Judgment to Respondents, Duffield W. Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the Amount of$31,500.00 in the Lawsuit Styled Collier County v. Duffield W. Matson, III, et aI., Case No. 05-1054-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $16,350.00 if offer is accepted) Page 19 June 12, 2007 5) Recommendation to approve a Stipulated Final Judgment as to Parcels 716,816,916,814 and 914 in the amount of$93,340 in the lawsuit styled Collier County v. Centrex Corp., Ltd., et aI., Case No. 05-1129- CA (South County Regional Water Treatment Well field Project #70892). (Fiscal Impact: $38,990) 6) Recommendation to approve a Stipulated Final Judgment as to Parcels 815 and 915 in the amount of $33,890 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC., et aI., Case No. 05-1091- CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $37,871.70) 7) Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 134 in the Case Styled Collier County v. TreeSource, Inc., et aI., Case No. 02-5167-CA (Immokalee Road Project #60018) (Fiscal Impact: $1,800.00) 8) Recommendation to approve a Stipulated Final Judgment for Parcel No. 130 in the lawsuit styled Collier County v. Berean Baptist Church of Naples, Inc., et aI., Case No. 06-1254-CA (County Barn Road Project No. 60101). (Fiscal Impact $58,337.25) 9) Request Authorization to Amend Collier County Ordinance No. 87- 60, as Amended, to Exempt from the County's Local Requirements, but not from State of Florida Newly Enacted Statutory Requirements, regarding Solicitation Activities Conducted in or Along Streets and Roads by Organizations that are Exempt from Federal Income Taxes under Section 501 (c )(3) of the Internal Revenue Code and are Either Registered as a Charitable Organization (or Sponsor) with Florida's Department of Agriculture and Consumer Services, or are Statutorily Exempt from such State Registration. 10) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to reissue revenue bonds issued in 2004 to finance educational facilities for Community School of Naples, Inc. Resolution 2007-147 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A Page 20 June 12, 2007 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. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDA-2006-AR- 10916, PINE RIDGE MIXED-USE CENTER MPUD, Michael R. Fernandez representing the Grand Inn of Naples, Inc., requesting to have the Collier County Planning Commission (CCPe) consider an application to rezone the subject site from the Planned Unit Development (PUD) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as Pine Ridge Mixed Use Center MPUD. The amendment to the approved MPUD Document proposes to add 24,000 square feet of commercial use, add General Office as a permitted use, eliminate Restaurant as a permitted use, and include revisions to the development standards. Ordinance 2007-47 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation to approve Petition A VPLAT-2007-AR-1l576, Lipari-Ponziane, to disclaim, renounce and vacate the Countys and the Publics interest in a County Utility Easement encumbering Tract FD-l, Lipari-Ponziane, a subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit A. Resolution 2007-148 C. This item has been continued from the Mav 22. 2007 BCC Meetine:. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: CU-2006-AR-9458, Page 21 June 12, 2007 Silver Strand III Partnership, represented by George L. Varnadoe, Esquire, ofCheffy, 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 with an Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14.74 acres, is located approximately 1,300 feet south of Stockade Road on the east side oflmmokalee Road (CR 846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. Resolution 2007-149 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. 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. Ordinance 2007-48 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. HD-2006-AR-l 0449 Marie Barnett, ofM. Barnett Design, representing Siegfried and Irene Fascher, is submitting a Historic Designation for 11219 Keewaydin Island as a historically significant structure for property located on the south 100 feet of north 500 feet of lots I and 2, South Naples Shores, sections 23 and 24, Township 51 South, Range 25 East, Collier County, Florida Resolution 2007-150 F. Approve an Amendment to Ordinance No. 84-37, as amended, also known as the Collier County Code of Laws and Ordinances, Chapter 38, Article III pertaining to Post Disaster Recovery and Reconstruction Management. Ordinance 2007-49 G. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Collier County Ordinance No. 75-16, as amended, for the purpose of revising and clarifying the time, place, and conduct of Page 22 June 12,2007 meetings of the Board of County Commissioners, the procedure for scheduling and the consideration of items of business of the Board of County Commissioners on the agenda, the procedure for addressing the Board of County Commissioners at the meeting, and the procedures for the reconsideration of matters by the Board of County Commissioners. Ordinance 2007-50 Moved to Item #8C H. Petition: PUDZ-2005-AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, 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 of207 residential dwelling units of which 20 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. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 23 June 12, 2007 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 12. 2007 Item 8A continued to the June 26. 2007 BCC meetinq: Recommendation that the Board of County Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached inventory list of County-owned real property as surplus land in accordance with Florida Statutes 125.379 to be sold and the proceeds used to develop affordable housing. (Staff's request.) Item 8B continued to the October 23,2007 BCC meetinq: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR- 10698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson, Esq. of Roetzel & Andress, LPA and Margaret Perry, AICP of Wilson Miller, 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 1- 75/1mmokalee Road interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Item 9H: Commissioner Henning withdraws reconsideration of this item. Instead, for the Board of County Commissioners to discuss and clarify the Stormwater Funding Policy for the Capital Improvement Program - adopted on June 22, 2004. (Commissioner Henning's request.) Move Item 16A7 to 10F: This item was continued from the May 22,2007 BCC meeting. 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 approve for recording the final plat of Silver Lakes Phase Two-G. (Commissioner Fiala's request.) Withdraw Item 16D2: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Enrique Galvan Ramirez and Ana M. Galvan (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 94 Independence, Phase II in Immokalee. (Staffs request.) Item 17C: Additional backup information relating to this item has been distributed and made available for review. (Staff's request.) Item 17D: The Ordinance relating to this item was omitted from the agenda package. Copies have been distributed and made available for review. (Staff's request.) Item 17G: Paragraph 7b. of the draft Ordinance is to read: "b. Request for Reconsideration by Petitioner. A request for reconsideration may be made only by the petitioner. The petitioner stIaII may request reconsideration of a petition in writing to the County Manager. . ." (Staffs request.) Move Item 17H to 8C: This item to be heard at 10:00 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2005- AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP of Hole Montes, 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 207 residential dwelling units of which 20 percent of the total number of units will be for Affordable-Workforce Housing, is located at 1429014300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier County, Florida. (Commissioner Coyle's request.) Time Certain Items: Item 9G to be heard at 11 :45 a.m. Resolution supporting the efforts of the Judicial System to eliminate Identity Theft. (Commissioner Donna Fiala.) Item 10A to be heard after 1 :00 p.m. To update the annual economic incentive report presented to the BCC in the Fall of 2006. (Joseph K. Schmitt, Administrator CD&ES.) Item 14A to be heard at 3:00 p.m. (The Executive Summary in the backup material incorrectly stated 4:00 p.m.) Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. (David Jackson, Executive Director, Bayshore/Gateway Triangle CRA.) PROCLAMA TION 4A WHEREAS, the Immokalee Foundation was formed in 1991 by philanthropist Parker Collier to help improve the future of Immokalee's children by roising the awareness of and financial support from neifJhboring Neapolitans and its Mission is ''building pathways to success for the children of Immokalee,'" and, WHEREAS, the Immokalee Foundation distributes from $80,000 to $100,000 annually to Immokalee programs that support its mission and has distributed in excess of $1.5 million to projects supporting early learning, college preparotory, and emergency aid to the children of Immokalee, and plans to distribute $5.6 million over the next five years to various community partnerships, fH'09roms, and scholarships,' and, WHEREAS, the Immokalee Foundation partners with Collier County of'90nizations that support Immokalee's children throughout the duration of their educational lives, an approach The Immokalee Foundation recD9nizes as ''Crodle to Career,'" and, WHEREAS, the Immokalee Foundation financially sponsors up to 75 Immokalee children enrolled in The Education Foundation of Collier County's "Take Stock in Children" mentoring and tuition-assistance programs, and 14 of those children will graduate from Immokalee HifJh School in June, the first group of the Immokalee Foundation-sponsored students to do so,' and, WHEREAS, the Immoka/ee Foundation plays a positive and sifJnificant role in the education of Immokalee's children and aims to expand its valuable work by further partnering with other community of'90nizations, leaders and volunteers,' and, WHEREAS, the Immoltalee Foundation recD9nizes the volunteer efforts of Ellen Harris and the charitable contributions of Boy ColtlllY, Port Royal and numerous other communities, private individuals, and civic groups in Collier County. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 21, 2007 to May 25, 2007, be desifJnated as IMMOKALEE FOUNDATION WEEK in recD9nition of its continued service to the community of Immokalee. DONE AND ORDERED THIS 22nd Day of May, 2007 BOARD OF COUNTY COMMISSIONERS ~=tflY. FL ~) 'MAN J. A TrEST: ---.. PROCLAMA TION 4,8 WHEREAS, more than 65 years ago, the National Housing Act was signed into law, making home ownership available to millions of families who previously could not afford to buy their own homes; and, WHEREAS, home ownership has always been the foundation of the American dream, and over 75 million people nationwide and thousands of families in Collier County have worked hard and set aside their savings so that they might enjoy the security and stability of owning their own home; and, WHEREAS, Collier County's low-income housing market is, in part, the result of willing leaders, Realtors, and nonprofit agencies committed to providing affordable housing opportunities for all citizens; and, WHEREAS, Collier County's Housing and Human Services Department is committed to assisting low and moderate income families to become homeowners via the Home Loan P,., chase assistance program, and community deve~ Department of Housing and Urban ' wi ,;W,c,cmmitment t.o;hqm'f'KJo.m r;~::1;;~ If....) . war~s,/n'f~o~t1jtif91 tlJe" ." ,. . ies, c,c!ii~?~~If"Job,~and'e(i'han .~; ;', ':".: ,i.';; ':. ,. ..~:t..)},~,: "::"';! ..:::;,c:... ,.-:::': ,',.'!~:::t',~::"0"':" ~~1! f families: hgye.' l?~ccfTJ,e</loiJj~rtWne~s th,.qug. ,- ;/,', .,.',;,_,""~ .....-".'", _ ,,".,">."~"""'f.'~ -",............ ;"" "-':'.:.-."-: llier Ctfullty'gpP'r":fOflfOr:t,{lftii:co'(Jfisting ...., nd, .. /~:~" 9~:""{ " -'. ' .. :'" _ '::-,>~>,: :~i,:r,;,"",,<j,,<<jJ , i...,... . ....'. '.'.\ \\0:, \ <.' ;:,/.j', ,." .. ",' .. ~; ${, \ " -,\"-..'. hip iI;!(;,~th~n$(fa~Ki((f~,!d promote -bemg,l"tJ~d,' .... '.' 'rought 'eal estate and ,1 'l'osperity; and, WHEREAS, WHEREAS, WHEREAS, and WHEREAS, home to save an active, 'tmty residents ds, and to take unities; and, WHEREAS, it is appropriate ownership, its benefits to ze the value of home 'I7ty, and to our community. NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of June be designated as HOME OWNERSHIP MONTH DONE AND ORDERED THIS 12th Day of June, 2007 DWIGHT E. BROCK, CLERK A~~. ~~~-~ I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP 9A Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature, draw a line throul!h routin!! lines #1 throueh #4, cOffiolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routiop order' 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court'S Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who creared/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier Countv Attornev's Office Agenda Date Item was June 12,2007 Agenda Item Number 9A Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on (enter date) and an changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. Yes (Initial) N/A (Not A Iicable) 2. 3. 4. 5. 6. <<J N/A w I: Forms! County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 "-'1 !~ l; RESOLUTION NO. 2007-151 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE AFFORDABLE HOUSING COMMISSION. WHEREAS, Collier County Ordinance No. 91-65 created the Affordable Housing Commission and provides that the County Commission shall appoint five (5) members to the Affordable Housing Commission and the City of Naples shall appoint four (4) members to the Affordable Housing Commission; and WHEREAS, on December 14, 2004, the Board of County Commissioners adopted Collier County Ordinance No. 2004-77 to include an alternate in its membership; and WHEREAS, there are currently vacancies on this Commission; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Affordable Housing Commission has provided to the Board of County Commissioners its recommendations for appointment; and WHEREAS, the City of Naples has, by resolution, approved the appointment of Cormac Giblin to represent the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Stephen J. Hruby, representing the category of development, is hereby appointed to the Affordable Housing Commission to fulfill the remainder of the vacant term plus an additional three year term, said term to expire on October 1, 2010. 2. Brian L. Goguen, a member of the Southwest Florida Urban Land Institute and a member of the Economic Development Counsel, is hereby appointed to the Affordable Housing Commission for a three year term, said term to expire on October 1, 2009. 3. Cormac Giblin, representing the City of Naples, is hereby appointed to the Affordable Housing Commission for a three year term, said term to expire on November 18, 2009. This Resolution adopted after motion, second and majority vote. DATED: June 12, 2007 ATTEST: DWIGHT.!;.\Ji.RQCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~',"~ . ~p~~~ ~ At'&wlft' fOedtl41,.... . slqnatunoo h;' Approved as 'fd'form and legal sufficiency: ~~th'4l David C. Weigel UZ; County Attorney BY'A,NrMi F~m Ilcfit_ ! :." ~/l?d~ ~~.. ..... IoI{qLr>J- 1 I..........CJ~! I'.""","...".,,J 98 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office The completed routing slip and original documents are to he forwarded to the Board Office only aftrr the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate tor additional signatures, dates, and/or inlonnation needed. If the document is already complete with the exception of the Chairman's siswature, draw a line through routing lines # I through #4, comvlete the checklist, and forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oflhc addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signalure arc to be delivered to the BCC office only after the Bee has aeted to approve the itl;:I11.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier Countv Attornev's Office Agenda Date Item was June 12,2007 Agenda Item Number 9B Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Omce and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's siunature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time rrame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. ~ N/A w I: Forms/ County FOffilS/ BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007-152 98 ''111 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO DECLARE A VACANCY ON THE PARKS AND RECREATION ADVISORY BOARD. WHEREAS, the Parks and Recreation Advisory Board was created on November 25, 1975, and was composed of five (5) members; and WHEREAS, the Board of County Commissioners, on October 25, 1993, adopted Ordinance No. 93-81 which increased the membership from five (5) members to seven (7) members; and WHEREAS, Collier County Ordinance No. 2001-55, as amended, provides that any board member who is absent for two (2) consecutive board meetings without a satisfactory excuse shall be deemed to have tendered his resignation from such board; and WHEREAS, the Parks and Recreation Advisory Board has asked staff to advise the Board of County Commissioners that Beth Barth has failed to comply with the requirements set forth in Ordinance No. 2001-55, as amended, and the Chairman of the Board has recommended that the Board of County Commissioners to declare the seat held by Beth Barth be vacant on their Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the seat previously occupied by Beth Barth is hereby declared to be vacant on the Collier County Development Services Advisory Committee. This Resolution adopted after motion, second and majority vote. DATED: June 12, 2007 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~:~ Polr;~ k , ",.r,: "'De.l?Ht1,Clerk - " '~st ti:tq, Ch<< f I'IlIIt I <' ~,~nitWe.'AAl' .}~; ..~ ',~ ~ :,i'i''':'~' > Appr6ved~~ to form and legal sufficiency: BY~ . JAM COL , alrm '- jJ(U~ t -h1YJ David C. Weigel County Attorney Item # ..9.b..- ;~:,,'d8 bJ~ \ l !"', b('U;! I~ Y\. '.'~. '~tIi ~~I L..<,~~~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP j 9 C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOt 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 he forwarded to the Board Office only after the Board has taken a<.1ion on the item,) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throul!h routin!! lines #1 thrOUl!h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier Countv Attornev's Office Agenda Date Item was June 12, 2007 Agenda Item Number 9C Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Omce and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the tinal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullitied. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a lieable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. & N/A (t I: Formsl County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 '<, b" .' l" RESOLUTION NO. 2007-153 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD. WHEREAS, the Parks and Recreation Advisory Board was created on November 25, 1975, and was composed of five (5) members; and WHEREAS, the Board of County Commissioners, on October 25, 1993, adopted Ordinance No, 93-81 which increased the membership from five (5) members to 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 Parks and Recreation 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. Barbara F, Buehler, representing the Naples and Urban Area Community Park District, is hereby appointed to the Parks and Recreation Advisory Board to fulfill the remainder of the vacant term, said term expiring December 31, 2009. 2. Bart Zino, representing the Naples and Urban Area Community Park District, is hereby appointed to the Parks and Recreation Advisory Board to fulfill the remainder of the vacant term, said term expiring December 31, 2007. This Resolution adopted after motion, second and majority vote, DATED: June 12, 2007 . ATTEST: .,.... ~ " d?)o/,IgtIT;,.E. BROCK, Clerk . .. ,:"~~~ &~ k ,;~ r;j", ,o' " ,Deputv r.1"r~a \1'111I' \ , . ...test ii'S 'to' "''' .... on'" . S\yMtU. t, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By d~~ JAM COLETTA, Chairman Approved as to form and legal sufficiency: , hlJJh'.d e ~gljr/ David C. Weigel County Attorney ~','Y."""~'"'' 1.,,"1\': ,9.~_ l f ,\-c, to "?lc4 ! '" .-- f-lJ I ii'! ~-l~~ A ?', ~~7i~-:~ ~L,qJ';\F"'!P-: ....--- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP !' 90 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 throul!h routine: lines # 1 throucl1 #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) l. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information, All original documents needing the BeC Chairman's signature are to he delivered to the BeC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Number Extension 8400 Contact Collier Countv Attomev's Office Agenda Date Item was June 12, 2007 Agenda Item Number 9D Approved by the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney, This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count AUorne 's Office has reviewed the chan es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3, 4, 5. 6. d) N/A I: Formsl County Fonns/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 RESOLUTION NO. 2007-154 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO APPOINT MARK D, FENTON TO THE ENVIRONMENTAL ADVISORY COUNCIL. WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County adopted Collier County Ordinance No. 99-6 creating the Environmental Advisory Council; and WHEREAS, Collier County Ordinance No. 99-6 provides that the Environment Advisory Council shall consist of 9 members; and WHEREAS, there is currently a vacancy 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 Mark D. Fenton, representing the Alternate category, is hereby appointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2011. This Resolution adopted after motion, second and majority vote. DATED: June 12, 2007 ATTEST:." .. DWIGIfl' E. BRO<X'Gjerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~I~ Attes~e~~~~l"'II4n , s j '~natlw. ~"i. ~. By: JA~CUL ,iftI- Approved as to form and legal sufficiency: -1JruJ('.~~,/ David C. Weige County Attorney [~'-""-b l.......q r. I JI..././1 t-i:,_.~, ~T ',",ic. ~'r51- ..'l.,~, . R,.- 'd tl- 7J/ftJ/ll, . , l"-) '1 9fl RESOLUTION NO. 2007- 156 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SUPPORTING THE EFFORTS OF THE JUDICIAL SYSTEM TO ELIMINATE IDENTITY THEFT WHEREAS, identity theft represents a threat to the citizens and taxpayers of Collier County; and WHEREAS, it has become increasingly common for criminals who have committed illegal acts to use an alias or borrowed name to remain anonymous; and WHEREAS, as a result of inaccurate records, reflecting false identities, defendants are often treated as first-time offenders, even though they may have multiple arrests; and WHEREAS, names used as aliases may belong to innocent citizens, creating a situation m which a criminal act is attached to their name - alleged crimes of which they have no knowledge; and WHEREAS, many criminals guilty of using aliases are also illegal immigrants and the costs of their apprehension, trial, and incarceration are borne by local governments and tax payers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: the Board supports the efforts of the Court, the Sheriff's Office, the State Attorney's Office and the Clerk's Office to work together to find a solution to these illegal activities. This Resolution adopted this 12th day of June, 2007, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~Yoo~~2 . Att4tst afto Che 1 MIlan s .tgnatilt04J. By d~ JAMES COLETT , HA AN <-I Approved as to form and legal sufficiency: ~~,,~~4 County Attorney 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 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 throue:h routine: lines #1 throul!h #4, corno1ete the checklist, and forward to Sue Filson line#5t Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafl'for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bce otTIcc only atter the BCe has acted to approve the item.) Name of Primary Staff Kay Nell. CLA Phone Number Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was June 12,2007 Agenda Item Number 91 Aooroved bv the BCC Type of Document Resolution Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! The document was approved by the Bee ou (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count AttorDe 's Office has reviewed the chao es, if a licable. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. ,[b; N/A /(9 I: Forms/ County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ." RESOLUTION NO. 2007-155 .~ f ,"" 'i , RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO APPOINT MEMBERS TO THE FIRE REVIEW TASK FORCE WHEREAS, on April 24, 2007, the Board of County Commissioners established the Fire Review Task Force; and WHEREAS, the Fire Review Task Force is composed of 9 member; and WHEREAS, there are currently vacancies on this Task Force; 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 COUNlY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby appointed to the Fire Review Task Force. NAME Gary R. Beaumont William Lawrence Scheck Dalas D. Disney William J. Varian Bradley William Schiffer James E. Boughton J. Christopher Lombardo Pamela J. Nickell CATEGORY Collier Building Industry Association Collier Building Industry Association Development Services Advisory Committee Development Services Advisory Committee American Institute of Architects American Institute of Architects North Naples Fire Board Collier Building Industry Association The terms of service of said members shall expire on June 12, 2008; however, if by resolution the Board of County Commissioners extends the term of the Task Force, dissolution shall occur at the end of the extended term. This Resolution adopted after motion, second and majority vote. DATED: June 12, 2007 ATTEST: DV'{1$3ffFi ~~BROCK, Clerk ,-' "-.""'" -.': 'v:;- ~~~~~ ~L , >";._:I?~PQrKpex~. i:.,....., t ~ T~j..i..s~t'dr\:: C,lH i It Approved as to form and legal sufficiency: ~ ,Q~ C(jp<fJJ David C. Weige County Attorney BOARD OF COUNlY COMMISSIONERS COLLIER COUNlY, FLORIDA ~ By' 'JA COL , ~ r:----~ :.:;;q-r:_ I ;, l.,/nJgg. i .,,,~ !i ~~~ ,..-.....-.-- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~'" 9L 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 hiUld delivered to the Board Office. The completed routing slip and original documents arc to be forwarded to the Board Oftice only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chainnan's silmature, draw a line throUf~h routing: lines # 1 throUf~h #4, comnletc the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is nceded in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Kay Nell, eLA Phone Numher Extension 8400 Contact Collier County Attornev's Office Agenda Date Item was June 12,2007 Agenda Item Number 9L Annroved bv the Bce Type of Document Resolution Number of Original 1 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages rrom ordinances, resolutions. etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BeC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCe approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on (enter date) and an changes made during the meeting have heen incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Yes (Initial) 2. 3. 4. 5. 6. ~. N/A ~ I: Forms/ County Forms/ Bee Forms/ Original Documenls Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 .', ) I: RESOLUTION NO. 2007-157 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO CONFIRM AND APPOINT DAVID BUSER 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 is currently a vacancy on this Committee for the City of Naples County; and WHEREAS, by Resolution, the City of Naples 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 David Buser, representing the City of Naples, is hereby confirmed and appointed to the Collier County Coastal Advisory Committee to fulfill the remainder of the vacant term, said term to expire on May 22, 2011. This Resolution adopted after motion, second and majority vote. DATED: June 12, 2007 ATTEST: DW~H,T E. BROCK, Clerk '\': .. ~'-:"'~ " .. '.''''J'' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , R PeR.aty Clerk , ,~ttest u to CM1n14ft , 'S 1qnaturp Af'! v .~ By: JAME Approved as to form and legal sufficiency: Lje ip~f1O David C. Weigel County Attorney I',?m!l :l. L ,.,., - b/lZ-'p~ bJz.t)M-. I ,- - 1 ,~~~~\ \>'.:, I . ....~.A..--'__.......R._-- "j:l",,,\I'fA .Jv IV6 11., 7-~C?- Addendum to Contract FLORIDA ASSOCIATION OF REAL TORS@ Addendum No. One to the Contract dated January 31, 2007 between Fifth Avenue Plaza, LLC (Seller) and Collier County Communi tv Redevelopment Aqencv (Buyer) concerning the property described as: 1807 Tamiami Trail East, Naples, FL 34112 (the "Contract"). Buyer and Seller make the following terms and conditions part of the Contract. Bu er has re ested an extension to the closin date of this contract from Jul 30 2007 to September 25, 2007. Seller hereby qrants Buyer's request for an extension of the closinq date with the understanding that Buyer has completed its due diligence and finds the pro art acceptable for its intended use. Further Seller understands that Bu er will de osit the re ired additional earnest money on July II, 2007, as required by the contract. Buyer: ZIS ~ ~ 7 Seller: Fi CLt:1~1< Date: Buyer: Collier l''''jl~H' 1 ommunity Date: I' Date: I J.. d Dati Seller: This form is available for use by the entire real est e Ind ry and Is not Intended to Identify the user as aREAL TOR@, REAL TOR@ Is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REAL TORS@andwho subscribe to Its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. ACSP-2 Rev. 6/94 ~<:l;~~~" p ,'"r^~uft'CI!Ji1OCl,-, [B A John R. Wood Tnc REALTORSiID 3255 Tamlaml Trail North Naples, FL 34103 ~._ ___. ._Jo,~ REALTOR<!l ~~l~~~I~ Phone" Fax MIchael O'Mara ....,'"~)~ t.t',n-:"}~jI'" COLLIER Produced Wlth ZlpForm'''' by RE FormsNet, LLC 18025 Fifteen Mile Road, Cl township, Mlchlgan 48035 wwwzloformcom ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 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 J!\!!: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office (List in routinR order' Initials Date 1. Scott R. Teach County Attorney's Office 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact Is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Annia Ortega Phone Number 774-8419 Contact Agenda Date Item was 6/12/2007 Agenda Item Number 1681 A roved b the BCC Type of Document Resolution t) Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro nate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exc t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be a are of our deadlines! 6. The document was approved by the Bee on 'P (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. I: Forms! County Forms! Bec Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Date: To: From: Re: MEMORANDUM June 13,2007 Annia Ortega, Administrative Assistant Transportation/Traffic Operations Teresa Polaski, Deputy Clerk Minutes & Records Department Resolution 2007-145 Enclosed for your records, please find one (1) copy of the document as referenced above, Agenda Item #16Bl which was adopted by the Collier County Board of County Commissioners on Tuesday, June 12, 2007. If you should have any questions, please feel free to contact me at 774-8411. Thank you. Enclosures 1681 MEMORANDUM 1681 Date: June 13,2007 To: Don Hunter, Sheriff Sheriff's Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007-145: Speed Limit Change Attached, for your records, please find oneoriginal copy of the document, as referenced above, (Agenda Item #16Bl) adopted by the Collier County Board of County Commissioners on Tuesday, June 12, 2007. The original Resolution is being retained in Minutes and Records for public record. If you have any questions, please call me at 774-8411. Thank you. Enclosure > RESOLUTION NO. 2007- 145 r'-.", ['- 11 r ,:;' t. r.,j",,-, A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING A SPEED LIMIT REDUCTION ON COLLIER BOULEVARD (CR 951) FROM THE CURRENT SPEED LIMIT OF FIFTY-FIVE MILES PER HOUR (55 MPH) TO FIFTY MILES PER HOUR (50 MPH) FROM 1500 FT NORTH OF RATTLESNAKE HAMMOCK ROAD TO 750 FT SOUTH OF LEL Y CULTURAL BLVD. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCe) to alter established speed limits on roads under its jurisdiction; and WHEREAS Section 130-2(c) of the Code of Laws and Ordinances of Collier County authorizes the BCC to establish and/or alter all speed limits on county-maintained roads by resolution; and WHEREAS, Collier Boulevard (CR 951) falls under the jurisdiction of the BCC and presently has a fifty- five miles per hour (55 MPH) speed limit; and WHEREAS, in accordance with Section 316, Florida Statutes and Collier County Code Section 130-2(c), the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of the County's engineering and traffic investigations indicate that changing the current speed limit on Collier Boulevard to fifty miles per hour (50 MPH) from 1500 ft north of Rattlesnake Hammock Rd to 750 ft south of Lely Cultural Blvd is reasonable and safer under the conditions found to exist and that it conforms to criteria promulgated by the County and the Florida Department of Transportation (FDOT). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: (1) The BCC does hereby establish a fifty miles per hour (50 MPH) speed limit on Collier Boulevard (CR 951) from 1500 ft north of Rattlesnake Hammock Rd to 750 ft south of Lely Cultural Blvd, a distance of approximately 4500 feet, and directs the County Manager or his designee to erect appropriate speed limit signs along this segment of Collier Boulevard giving notice of this change. (2) A copy of this Resolution shall be forwarded to the Collier County Sheriffs Office for proper enforcement of the established speed limits for Collier Boulevard within the designated segments. (3) The effective date of the speed limit reduction shall be after written notification to the Sheriffs Office and upon the posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same this /)-14 day of 1~)Il" I ,2007. ATTEST: ' Dvn~oc.,C~K;k ~tte$t .$~ ,Ch<< lPillWt~ Clerk S 1 gnaturt Ofi.b Approvod as to form, J legal ufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA #~~a Item # I ~fb I Agenda & //1") } 0+-' Dare ~ Date to /'" /~ ~~;~ Deputy Cierk BY: ott R. Teach Assistant County Attorney 1681 Memorandum To: Robert P. Register, P.E., PTOE, Traffic Engineer From: Steve Yu, P.E. Senior Engineer Cc: Robert W. Tipton, P.E., PTOE, Traffic Operations Director Date: March 23, 2007 Subject: Speed limit review on CR 951 between Rattle Snake Road and Lely Cultural Boulevard A speed limit study has been conducted at the referenced location. The findings and suggestions are as follows: 1. The existing speed limit on the specified roadway section is 55 MPH for both directions. On Collier Boulevard, the speed limit increases from 45 MPH to 55 MPH just south of Cedar Hammock Boulevard and remains at 55 MPH until just before US41. Between these limits, there are three signalized intersections. Southbound, the first one is at Rattlesnake Hammock; the second one is at Lely Cultural Boulevard; and the third is at Verona WalklLely Resort. The distances are approximately three miles, a half mile and one mile respectively. At the northwest quadrant at Rattlesnake Hammock, there is a Publix Shopping Center, and at the northeast quadrant at Lely Cultural Boulevard is Physicians Regional Medical Center. 2. The speed data was collected on the section between Rattlesnake Hammock Road and Lely Cultural Boulevard. 3. Roadway test drives have also been conducted as a part of the study. 4. The data collected from the roadway shows that the 85th percentile speed is 51.7 mi/h for the southbound traffic and 52.7 mi/h for the northbound traffic. The 10 MPH pace is 42-52 mi/h for both directions. 5. The FOOT document "Speed Zoning for Highways, Roads, and Streets in Florida", which governs speed limits within Florida states: A speed limit should not differ from the 85th percentile speed or upper limit of the 10 mi/h pace by more than 3 milh and it shall not be less than 8 milh. (FOOT Manual Number 750-010-002,1997 Edition) 6. Analysis: According to the DOT's requirements, the measured 85th percentile speed of 51.7 milh in the southbound and 52.7 milh in the northbound will result in a 50mi/h speed limit. The roadway test drives assured a comfortable travel speed of 50 milh on both directions. Transportation Services Division Transportation Operations Department Traffic Operations Section 7. Recommendation: Based on the traffic speed data collected and field evaluation.~ iP B 1 recommended that the speed limit on the section from 1500 ft. north of Rattlesnake Hammock Road to 750 feet south of Lely Cultural Boulevard (both directions), a segment of approximately 4500 feet, may be reduced from 55 mph to 50 mph to reflect the change of the traffic condition. Attached are the Vehicle Spot Speed Study and speed data collected in the field. Transporlation Services Division Transportation Operations Department Traffic Operations Section 16B1 FQRM75().010-03 lRAFFIC ENGINEERING 00/97 SECTION: KmP: COUN1Y: PAVEMENT CONDmON: TIME FROM: MP: vod TIME TO: I I I I I J- 7-:J-. 0 0 :l- I I I /I I 10 :J-. Z. :J-. I -;. 0 r ::z. TOTALS TOTALS IV 13 BOUND 5:Z+M 14- Jfl -;-7-. BOTH DIRECTIONS ENGINEER: <yf-1A/'<'" If, DATE: 3,/"1/or RECYCLED PAPER @ 1681 '7.' {I <7 ....... /1"f,)~. FIELD SPEED MEASUREMENT TABLE ~/q 10;:;- ''/ S..,.. C(l1~/ @ /3t:tW.t.<J1 RA./;tLe.S/'VOk-< ~ /...#/~I ~(~y'~ll3lvd . I/~ /tip, #8 Me 1 J/.~ 1 ';~ 1 LLJ- 1 ft.l{.. 2 'l-iJ 2 ~o 2 "'~ 2 ?2 3 1(-11- 3 q.o 3 ~3 3 ~> 4 {;if 4 If':} 4 ~ll- 4 3J.... 5 ~3 5 1z.. 5 ~' 5 ~w- 6 t;-l, 6 ~o 6 ~~~ 6 Jf'1T 7 .J.<.. 7 Ifl 7 p.(j 7 Jfz.. 8 52- 8 JI5k 8 5"0 8 Lf-5 9 4-:j- 9 I;:r-- 9 ~2- 9 &ff- 10 S~ 10 S" 10 ~ 10 ~b 11 Jf' 11 !hI.- II 4-? 11 4:<: 12 Jf- 12 4;1- 12 ..If-~ 12 ~:r 13 >' 13 ~.sr 13 If+ 13 ~!; 14 yl./- 14 If 14 ?9- 14 1/-9- 15 1f% 15 J{..,~ 15 41 15 5"3 16 SL 16 J.l.Cj 16 3t 16 1f2- 17 q.';f 17 If 17 3Cf 17 4-'1 18 r-:;- 18 4/ 18 42 18 G'o . 19 ;i 19 J/J.f- 19 4~ 19 i' 20 ~~ 20 1ft? 20 42- 20 ,~ 21 ~~ 21 If!? 21 ~ 21 c"Z- 22 >":1- 22 Ji.. 22 40 22 ~l) 23 $"t' 23 If" 23 /f5 23 /,t::} 24 4 J 24 J..U 24 ~ 24 u.L 25 -:-/ 25 1: l c 25 u.~ 25 1::-1 26 S< 26 J/.'X 26 ,p.: 26 ~ :~ 27 .C'4- 27 -;z. 27 ,/14- 27 #z 28 ils 28 ':>/ 28 ,Ot5?- 28 J.'Sl . 29 lJ.lf- 29 11-'1 29 0 29 :tot 30 ~"\ 30 51- 30 ~~ 30 ~C~ 31 ~-n 31 6z.. 31 4~~ 31 ''b 32 #oR- 32 #+ 32 /fj 32 #'f 33 #> 33 #> 33 !>~ 33 J.M 34 4!; 34 tf'ir 34 c: 34 ~ 35 ~:v 35 ~( 35 ,0 35 L::2 36 /1.6 36 ~z.. 36 5'"1 36 rft" 37 rJ 37 60 37 i 37 #~ 38 Jf'" 38 /f7 38 4-17 38 (.~ 39 t/-t 39 ~~ 39 # ';J- 39 ~~ 1681 FIELD SPEED MEASUREMENT TABLE (/fl.1Q @ 8---tWa-n ~'3MRe ~ Ieli ~tUY~ Blvef. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 C;f,l, -40 1 J-1- 2 5'7 3 #':1- 4 1ft 5 JI.? 6 t;t 7 '52- 8 ~ 9 ?G 10 ~ 11 If 12 1/-:1-- 13 If~ 14 ~ 0 15 ~ ~q..-- 16 ...0 17 >4- 18 #-). 19 HZ- 20 n 21 1ft- 22 /f2- 23 JI-lr- 24 3G 25 If 26 #3 27 #'4-- 28 1'1 29 (' 0 30 4 31 ,I-- 32 () 33 ''8'' 34 n 35 t 1.. 36 Ifl 37 ~l 38 II-~ 39 :;;8 (;0 1 1:0 2 //-9< 3 ~~ 4 /f'S: 5 ~q 6 1M 7 .Ii 8 .,. (, 9 ~ 10 ~!.," 11 !;'O 12 51.- 13 Lf' 14 ,if~ 15 ~o 16 /.17 17 +:J..- 18 /fb 19 )/./ 20 l./-6. 21 5''( 22 J.I.+ 23 Jf> 24 #0 25 J,~ 26 ,2- 27 ~ 28 tJq 29 c- if. 30 ~~ 31 if' 32 > L: 33 t'r, 34 "'0 35 .r1,j 36 ~'" 37 1.J..i 38 tl-tJ 39 Sf:) /1.0 1 If-~ 2 Ifb 3 1fLf. 4 .f~ 5 .t;t/. 6 ,z. 7 ~l/. 8 ~ 9 ~, 10 If' 11 I: 12 ,~ 13 #"l: 14 'f-::r 15 JI. ':/- 16 #/, 17 ~ 18 tp-:r 19 517 20 /If( 21 /f3 22 52- 23 .. 0 24 ,- 25 ~ 26 l,'L 27 ''f<I. 28 t,q- 29 ~ 30 .rO 31 f;o 32 if" 33 ~ ~ 34 'H 35 1j 12- 36 ""., 37 ~,i 38 ~ 39 ?/~/o?- ~ ,,/ s -r*'o<< . T. SB ~~ ~.~ 'S- ~ ~( /I+- 4-~ 4-0 .1M 1FT 1f3 !;"I 52.- ~3 - 7IZ ~ t:7 ~o /p 4t- ~~ ilL t;1.~ ~ tf3 S-o /f+ 1fT ---;;..( ~ ?~ <f , I- >.;l.. 5'if -4~ 4-lt /f,{. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 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 to be fOlwarded 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 #4, complete the checklist, and forward to Sue Filson (line #5l. Route to Addressee(s) (List in routiny order) 1. Office Initials Date item.) Name of Primary Staff .Jerry kV(+""L Phone Number - -, SG( C- Contact -:.. '.") .~" _ l' \L~' j Agenda Date Item was .jUV\e- 12, 200") Agenda Item Number t Ie is 2 Approved by the BCC Type of Document F~;.,,~ ~~....t- Number of Original 2. Attached Documents Attached 'Sue. ) .~ ~ t;;~,..e. '71<_ ~'clt-vf ~=-'- ~"'! ,kl( ~c.' """ \. -hl Cf> beuk- --1"i er. ~~tt . ~.. 'l;:- '(1"" T ~..... -TC _v, I (The primary contact is the holder ofthe Original~~~~~~~g ~~~P~~~~O~~l~~e~~~ ~~?c~s the person who created/prepared the e~ee( ~ summary. Primary contact information is needed in the event onc of the addressees above, including Sue Filson, need to contact staff for additional or missing f eCcf~~ information. All original documents needing the Bee Chainnan's signature are to be delivered to the Bee office only after the BeC has acted to approve the aA- \: -\.l..t. O€f~;~ o.('.C <.t. . 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 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 ~\L 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 conttacts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and nossiblv State Officials.) . 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N(A; Office and aU other oarties exceot the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the -J \( document or the final ne.otiated conttact date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ,W- signature and initials are reauired. 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 vour deadlines! 6. The document was approved by the BCC on ___ and all changes made during the meeting have been incorporated in the attached document. The County Attomcy's Office has reviewed the changes, if annlicable. INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04 1682 4 MEMORANDUM Date: June 13,2007 To: Jerry Kurtz, P.E. Principal Project Manager Transportation/S tormwater From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: South Florida Water Management District Amendment Contract No. OT060483/SAP 3600001071 Enclosed please find one (1) original copy of the agreement as referenced above (Agenda Item #16B2), as approved by the Board of County Commissioners on June 12, 2007. Please forward a fully executed, recorded copy to our department to keep in official records. If you should have any questions, please call me at 774-8411. Thank you. Enclosure 16P? ORIGINAL f) SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT OT060483-AOl SAP 3600001071 AMENDMENT NO. 01 TO CONTRACT NO, OT060483/SAP 3600001071 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This AMENDMENT NO. 01, entered into on , to that CONTRACT dated April 17, 2006, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County (COUNTY). WITNESSETH THAT: WHEREAS, the CONTRACT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the CONTRACT in order to increase funding; and revise the Payment and Deliverable Schedule; WHEREAS, the Governing Board of the DISTRICT, at its April 12, 2007 meeting, approved entering into this AMENDMENT NO, 01 with the COUNTY; and NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: I. This AMENDMENT NO. 01 shall be effective upon the date of execution by the parties. 2. The monetary consideration for the CONTRACT is hereby increased by an amount not- to-exceed Three Hundred Ninety Five Thousand dollars ($395,000.00), for a total revised CONTRACT amount not-to-exceed Seven Hundred Ninety Five Thousand dollars ($795,000.00) Amendment No. 01 to OT060483 /SAP 3600001071- -- Page 1 of2 E) 1682 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 3. The Payment & Deliverable Schedule is also hereby revised in accordance with Exhibit "DI ", attached hereto and made a part of this AMENDMENT NO. 01. 4. All other terms and conditions of the CONTRACT, as amended, remain unchanged IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director SFWMD PRO')7'MENT APer;:::;f}. _ By ~~ Date ~- $0 ~ ~oo7 9J1m.... COLLIER COUNTY. DATED: lo I \ '31 c--1- ArnST: ~~.~( ~~~i.l~ '~'.'~~ · sl;ilttllre .~ 1', .' ; Boar James Commissioners By: Date: "',;.) : .' "~'l; ;~\'. \ ~::r:I71 & 7::tncy C un y Attorney Amendment No. 01 to OT060483 /SAP 3600001071- -- Page 2 of2 16B2 EXHIBIT "Dl" PAYMENT AND DELIVERABLES SCHEDULE . A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all deliverables. . All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. . Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "c" Statement of Work requirements. . Total payment by the District for all activities hereunder shall not exceed the amount of $795,000. Total project cost is estimated to be $5,110,000. The District's cost share amount shall not exceed 50% of the total project cost. . If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. Task I: Construction of Lely Branch Canal (U.S. 41 to Kings Lake)** 50% Completion Certification Construction Substantial Completion Certification 5 months 10 months nla NOT-TO-EXCEED PROJECT TOTAL $795,000 * All dates are referenced from the date of execution of this amendment and are estimated. ** Progress payment invoices for construction activities may be submitted on a quarterly basis Agreement OT060483-A01---SAP #3600001071---Page 1 of 1 8 169, SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT ORIGINAL OT060483-AOl SAP 3600001071 AMENDMENT NO. 01 TO CONTRACT NO. OT060483 ISAP 3600001071 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This AMENDMENT NO, 01, entered into on , to that CONTRACT dated April 17, 2006, between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County (COUNTY). WITNESSETH THAT: WHEREAS, the CONTRACT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the CONTRACT in order to increase funding; and revise the Payment and Deliverable Schedule; WHEREAS, the Governing Board of the DISTRICT, at its April 12, 2007 meeting, approved entering into this AMENDMENT NO, 01 with the COUNTY; and NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: I. This AMENDMENT NO. 01 shall be effective upon the date of execution by the parties. 2. The monetary consideration for the CONTRACT is hereby increased by an amount not- to-exceed Three Hundred Ninety Five Thousand dollars ($395,000.00), for a total revised CONTRACT amount not-to-exceed Seven Hundred Ninety Five Thousand dollars ($795,000.00) Amendment No. 01 to OT060483 /SAP 3600001071--- Page 10f2 @) 168? '- SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 3. The Payment & Deliverable Schedule is also hereby revised in accordance with Exhibit "Dl", attached hereto and made a part of this AMENDMENT NO. 01. 4. All other terms and conditions of the CONTRACT, as amended, remain unchanged IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director S:MDPJZEtAPW~ Date: 0/'- tStJ - e2.P{)7 ~ DATED: to)1 a ItA- ATTEST: QWIGHT ,-E'u,l3ROCK, CLERK b:t~~~'fl~ bL ijWst ., to-o~jT~Q:" , :H7I14tiu'<t ('I!J' c.:: . A',' ?,w:~ " ..~. /. . , COLLIER COUNTY. By ~d~ Boa 0 ~ Commissioners James Coletta, Chairman ' Date: Co 111.../07 .1. c' App Amendment No. 01 to OT060483 /SAP 3600001071- -- Page 2 of2 16[1., , EXHIBIT "Dl" PAYMENT AND DELIVERABLES SCHEDULE . A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all deliverables. . All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. . Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "c" Statement of Work requirements. . Total payment by the District for all activities hereunder shall not exceed the amount of $795,000. Total project cost is estimated to be $5,110,000. The District's cost share amount shall not exceed 50% ofthe total project cost. . If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. Task I: Construction of Notice to Proceed Lely Branch Canal (U.S. 4 I to Kings Lake)** 50% Completion Certification Construction Substantial Completion Certification I week 5 months 10 months n/a NOT-TO-EXCEED PROJECT TOTAL $795,000 * All dates are referenced from the date of execution of this amendment and are estimated. ** Progress payment invoices for construction activities may be submitted on a quarterly basis Agreement OT060483-A01---SAP #3600001071---Page 1 of 1 1682 Co~~~"lltt~ TRANSPORTATION DIVISION STORMW A TER MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM DATE: 7/23/07 TO: Katrich Pugh, Recording Department, Clerks OHice FROM: Jerry Kurtz, Stormwater Management Dept., Transportation Division SUBJECT: Recording Contract No. OT060483-AOI Lely Area Stormwater Improvement Project, PIN 51 JO II Attached please find one original copy of the contract referenced above. Please record this document in Collier County's official records. This contract was Bec approved on June 12, 2007 (Agenda Item #16B2). Our account numbers are: Fund 325, 172940,649030,511011. Please return the document to me and forward a recorded copy to the Minutes and Records Department. If you have any questions please call me at 213-5860. Thank you. I \ 1682 ~ ORIGINAL 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT OT060483-AOl SAP 3600001071 AMENDMENT NO. 01 TO CONTRACT NO. OT060483/SAP 3600001071 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This AMENDMENT NO. 01, entered into on JUL 1 0 2007 , to that CONTRACT dated April 17, 2006, between "the Parties," the South Florida Water Management District (DISTRICT), and eollier eounty (COUNTY). WITNESSETH THAT: WHEREAS, the CONTRACT may be amended with the prior written approval of the parties; and WHEREAS, the parties wish to amend the CONTRACT in order to increase funding; and revise the Payment and Deliverable Schedule; WHEREAS, the Governing Board of the DISTRICT, at its April 12, 2007 meeting, approved entering into this AMENDMENT NO. 01 with the COUNTY; and NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: I. This AMENDMENT NO. 01 shall be effective upon the date of execution by the parties. 2. The monetary consideration for the CONTRACT is hereby increased by an amount not- to-exceed Three Hundred Ninety Five Thousand dollars ($395,000.00), for a total revised CONTRACT amount not-to-exceed Seven Hundred Ninety Five Thousand dollars ($795,000.00) Amendment No. 01 to OT060483 /SAP 3600001071- -- Page] of2 >t-tcn ~ ..... :z:: o-a 0> o-a~o ......- :z: t:a::>a ~ "~:a:: -- C> "" ~-... --... ,.,~- ,.,n ,., -- x - '" c= x ,., ... .... - ~ ... ,., ... "" ~ ~ C> ,., ... ... ... ~ = "" ,., =- ~n -= ~,., ~<=> -- ~= :5...... ..+=0 ~~ <:::l '" ~ LT1 ......-~ <==:I = '.D ?? ~ U"1 ~:::~ ... n x:;: c:> ~r-' :::c:J .......;;.g .. "'- = n ......a~ .,.J:::a. ?"~ ['..J =00"'"> ,.,~ ......... C> n n -::>a .. -,., ,., _n <.....> goo ~O"'"> :"" --:J ~ ~ n ,., =- ~n -- ~ - - ~ ~~ == == 8 OR: 4261 PG: ~~8B 2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 3. The Payment & Deliverable Schedule is also hereby revised in accordance with Exhibit "01 ", attached hereto and made a part ofthis AMENDMENT NO. 01. 4. All other terms and conditions of the CONTRACT, as amended, remain unchanged IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD -/') ~'> BY~ e:' , Frank Hayden, SFWMD PRO'ffMENT AP"AIJ. _ By ~~ Date v- $0 ~ ~oo7 ~ COLLIER COUNTY. DATED: lo /11-1(':1- ATiEST: ~. ". .E."S.,.ROCK t. CLERK ........~~~( , . __1 . "tte ~t a'S to'ctI<< lnIIl . 11IIII'ture OIll,' ~ Boar James Commissioners By: Date: , :!.I/.. Amendment No. 0 I to OT060483 ISAP 360000 I 071- 0- Page 2 of 2 *** OR: 4261 PG: 3869 *** EXHIBIT "Dl" PAYMENT AND DELIVERABLES SCHEDULE 1682 . A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all deliverables. . All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. . Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below, All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "c" Statement of Work requirements. . Total payment by the District for all activities hereunder shall not exceed the amount of $795,000. Total project cost is estimated to be $5,110,000. The District's cost share amount shall not exceed 50% of the total project cost. . If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. Due Date* (From contract execution I week District Nob to-Exceed Pa ent $50,000 $745,000 n1a Task Task I: eonstruction of Lely Branch eanal (U.S. 41 to Kings Lake)** Notice to Proceed 50% Completion Certification Construction Substantial Completion Certification 5 months 10 months NOT-TO-EXCEED PROJECT TOTAL $795,000 · All dates are referenced from the date of execution of this amendment and are estimated, .. Progress payment invoices for construction activities may be submitted on a quarterly basis Agreement OT060483-A01---SAP #3600001071---Page 1 of 1 16Dl MEMORANDUM Date: June 25, 2007 To: Linda Jackson Best, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Review of July 4th Fireworks Enclosed please find three (3) original contracts, as referenced above, (Agenda Item #16Dl approved by the Board of County Commissioners on Tuesday, June 12, 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 774-8411. Thank you. Enclosures (3) ITEM NO.: DATE RECEIVED: FilE NO.: rJ7~ PI2C-fJ0689 "-j'-,'" J._' ;, .-"'" j, l','j ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES THIS IS FOR ROBERT ZACHARY; HE DID THE INITIAL REVIEW UNDER AN RlS FROM MURDO SMITH FROM PARKS AND RECREATION DEPARTMENT. Date: Tuesday, June 19, 2007 To: Office of the County Attorney Attention: Robert Zachary From: Linda Jackson Best, Contract Speci i Purchasing Department, Extension 89' Re: Review of July 4th Fireworks BACKGROUND OF REQUEST: The Agreement was approved by the BCC on June 12, 2007; Agenda Item ( 16 )(D )(1 ). This item was been previously submitted to you by Murdo Smith. ACTION REQUESTED: You approved the agreement at the initial review, please review again and sign. OTHER COMMENTS: After you have signed, please forward to the BCC for final execution. Thank you! c c..- ~ 6~ ").()_O( 16D1 www.sunbiz.org - Department of State 601 Home Contact Us E-Filing Services Document Searches Forms Help PrevioUSoI!J.i$t Eventl; Nexto!1 List Name. History ReluJ!1 To list i:.""""'''''~''~'''"''~'''''"'''''~'~''''. ;""""" ';:;;',I",U "I,'\lalut:;,,~,C',Q','" ,..""",,,,,,,,,,,.,,.,,.,,,,,,.,,,,,,,,,.....,,.,,,,,,,,,.,,.......".".".""". Detail by Entity Name Florida Non Profit Corporation NAPLES JUNIOR CHAMBER OF COMMERCE, INC. Filing Information Document Number N96000006106 FEI Number 593412718 Date Filed 11/25/1996 State FL Status ACTIVE Effective Date NONE Last Event CANCEL ADM DISS/REV Event Date Filed 10/13/2003 Event Effective Date NONE Principal Address P.O, BOX 10416 NAPLES FL 34102 US Changed 08/26/2004 Mailing Address P.O. BOX 10416 NAPLES FL 34102 US Changed 08/26/2004 Registered Agent Name & Address DOUGLASS, WILLIAM 600 ST. ANDREWS BLVD NAPLES FL 34113 US Name Changed: 07/13/2006 Address Changed: 07/13/2006 Officer/Director Detail Name & Address TitleDIR TURNER, WIN DIR 45 LIBERTY LANE NAPLES FL 34113 US http://www.sunbiz.org/scripts/cordet.exe?action=D ETFIL&inCL doc numbeFN960000061... 6/19/2007 www.sunbiz.org - Department of State TitleP WASHBURN, ROBERT 600 ST. ANDREWS BLVD NAPLES FL 34113 TitleD DOUGLASS, WILLIAM 600 ST. ANDREWS NAPLES FL 34113 Annual Reports Report Year Filed Date 2004 08/26/2004 2005 06/21/2005 2006 07/13/2006 Document Images 07/13/2006 -- ANNUAL REPORT 06/21/2005 -- ANNUAL REPORT 08/26/2.Q04 -=.8NNJJAL REPORT IPl1.3/200:L,,,_R EI N ST A TEJIiI~t'-iI 01/29/2002 -- ANNUAL REPORT 03/30/2000 -- ANNUAL REPORT 01/10/2000 -- NamEl c;h<m9El 10/28/1999 -- REINSTATEMENT Note: This is not official record. See documents if question or conflict. Home Contact us Document Searches [-Filinq Services Forms Help Copyright and Privacy Policies Copyright (~\ 2007 State of Florida, Department of State. Page 2 of2 16D1 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc numbeFN96000006 I ... 6/19/2007 16D1 MEMORANDUM TO: Wayne Fiyalko Risk Management Department FROM: Linda Jackson Best, Contract Specialist Purchasing Department DATE RECEIVED JUN 2 0 2007 rUSK MANAGEMENT DATE: Tuesday, June 19, 2007 RE: Review of July 4th Fireworks Festival Sponsored by the Naples Junior Chamber of Commerce. The Agreement was approved by the BCC on June 12,2007; Agenda Item ( 16 )(0 )(1 ). Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Please advise me when it has been forwarded. If you have any questions, please contact me at extension 8990. Thank you. ~JI'1lc'" ~ ~~(\..\t S ~ '- Cc- ' AJ~~ cc: 16n1 LIMITED USE LICENSE AGREEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND THE NAPLES JUNIOR CHAMBER OF COMMERCE, INC., A NOT-FOR-PROFIT FLORIDA CORPORATION, APPROVING USE OF SPECIFIED COUNTY- OWNED PROPERTY FOR CONDUCTING A JULY 4TH FIREWORKS FESTIVAL. This is entered into this /if day of , 2007 by and between the Board of County Commissioners, Collier Count, lorida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 3411 ,hereinafter referred to as "Board", and Naples Junior Chamber of Commerce, Inc. (Naples Jaycees) not-for-profit Florida corporation, whose mailing address is Post Office Box 10416, Naples, Florida 34101, hereinafter referred to as "Organization". WHEREAS, the Organization requests the use of County-owned land for the purpose of holding activities for conducting a Naples Jaycees July 4th Festival and Fireworks Display to be held on July 4, 2007. WHEREAS, the Board is willing to approve the use of County-owned land for such purposes as are specified herein: NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The Board hereby approves the use of a portion of County-owned property identified as Sugden Regional Park as shown in Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as the "Property" for the purpose of holding activities for a July 4th Festival, hereinafter referred to as the "Event". The Board hereby grants the Organization the right to photograph, record, televise, broadcast, distribute, exhibit, advertise and promote the Event. The Board has rights to use pictures for promotion of this program. Use of the Property by the Organization shall be from July 3'd through July 5th. The park will remain open to the public during these times. The day of the event only pedestrian public traffic will be allowed to enter the park 2. The organization shall be responsible for all on and off-site Event operations and revenue as well as the administration of all revenue derived from the Event. The Organization shall have the sole right and responsibility with respect to the granting of concessions (such as food, beverages, programs), sponsorship and merchandising rights and the revenue therefrom subject to approval of the Public Services Administrator. 3. The Organization shall monitor, control and assume responsibility for all activities, vendors, licensees, and invitees associated with holding of the Event, such responsibility not being limited to trash collection and clean-up of the Property. Repair of damaged areas will be at the expense of the Organization. Board shall not be obligated or required to improve, repair, or maintain the Property or any part thereof in any manner whatsoever. 4. The Organization shall acquire all permits required by Collier County and any other governmental entity to conduct such an event and related activities on the Property. The Organization shall ensure clean up of the Property by close of business on July 5th 5. Prior to making any changes, alterations, additions or improvements to the Property, the organization shall provide to the Parks and Recreation Department, in writing, all proposals and plans for alterations, improvements, changes or additions to the Property. The Organization covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Property, to observe and comply with all present and future laws, ordinances, rules, regulations, 16Dl and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All permanent alterations, improvements, and additions to the Property shall, at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this agreement in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if Board so directs, the Organization shall promptly remove all portable and non-permanent additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Property on behalf of the Organization, and repair any damage caused to the Property by such removal. 6. Organization agrees that the Event will be managed in such a way as to comply with all other Collier County ordinances, codes and Parks and Recreation Department policies. In particular, the event noise, except the fireworks themselves, will be managed to limit any sound amplification to meet the Collier County Noise Ordinance. There shall be no on-site sales, promotion, or consumption of, alcoholic beverages within the park boundaries. There shall be no on-site sales and promotion of any tobacco product within the park boundaries. 7. Organization agrees to: A. Provide the Parks and Recreation Department and appropriate Development Services staff an application for a special events permit. A logistical schedule of events (e.g. deliveries, set-up, clean up, etc.) will be included within the special events permit application package. B. Meet on the Property on or before June 4, 2007 with representatives from the Collier County Parks and Recreation Department, the East Naples Fire Control District, the Collier County Sheriff's Department and Collier County EMS. The Organization will have or will have provided in advance of the meeting: 1. Fire Retardant Certificates and safety inspection for all tents to the East Naples Fire Department; 2. A copy of the certificates of all insurance required by this agreement, 3. A security, parking and pedestrian crossing plan agreed to in writing by the Collier County Sheriff's Department, 4. Written confirmation for on and required off-site fire protection from the East Naples Fire District and/or other authorized County Fire Districts, 5. Written confirmation for on-site Emergency Medical Services from the Collier County EMS Department, and 6. A copy of the organization's "Chairman's Planning Guide". C. Collier County reserves the right to add additional entertainment. Any entertainment will be discussed in advance with the JC's prior to event. 8. Organization agrees to manage the Event as outlined within the Chairman's Planning Guide prepared by Organization. Such plans shall be made a part of this Agreement. Revisions to the Chairman's planning Guide after the meeting of June 4,2007 referenced in paragraph seven (7-B) will require the review and approval of the Public Services Administrator. Should inclement weather require cancellation of the event on July 4th, such a decision will be made in conjunction with the Organization and the Public Services Administrator as agreed to by the Organization and the Public Services Administrator, July 5, 2007. All subsequent dates of this agreement will be adjusted accordingly. 9. The Organization agrees that all persons involved with the handling of fireworks will be qualified personnel and all persons involved with the igniting of fireworks will be licensed pyro-technicians. In addition the Organization agrees that a professionally produced fireworks show with a minimum value of $25,000 will be provided. 10. Organization shall indemnify, defend and hold harmless Board, its agents and employees from and against any and all liability (statutory or otherwise), damages, 2 16Dl claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) Organization's use of the Property, (B) any work or thing whatsoever done or any condition created (other than solely by Board, its employees, agents or contractors) by or on behalf of Organization in, about, on or with the Property, (C) any condition of the Property due to or resulting from any default by Organization in the performance of Organization's obligations under this Agreement, and (D) any act, omission or negligence of Organization, its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against any of the above by reason of anyone or more thereof, Organization shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Board shall so request, at Organization's expense, by counsel reasonably satisfactory to Board, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees 11. The Organization accepts the property "as is." The Board shall not be liable for any injury or damage to any person or property caused by the elements or by other persons on the Property, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority. 12. The Board shall not be liable for any loss of property, including loss due to petty theft of any property occurring on the Property or any part thereof. The Organization agrees to hold the Board harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the Board or its employees. 13. (a) Organization shall provide and maintain special event general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department for not less than One Million Dollars and No/Cents ($1,000,000) combined single limits during the term of this Agreement. (b) Collier County shall be listed as additional insured on the commercial general liability policy. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. Board reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to Organization. Upon receipt of such notice, Organization shall have ten (10) days in which to obtain such additional insurance. 14. This Limited Use License Agreement shall be administered on behalf of the Board by and through the Collier County Parks and Recreation Department. 15. It is the responsibility of the Organization to properly notify the general public of closed roads and designated parking areas. In particular notification shall be provided to all homes located on Outer Drive, Lombardy Lane, Dale Avenue, Pineland Avenue, Cindy Avenue, Mohawk Place, Mindi Avenue, Rose Avenue, and Poplar Way. The Organization shall ensure that the park and all park facilities remain open and accessible to the public. 16. This Agreement is not assignable. Any attempt to assign shall be void ab initio. 17. The Rental Rate for the festival is $800. The Board of County Commissioners will accept in-kind services a payment for the rental rate in the form of advertising of a value equal to or greater than the rental rate. Specifically, "Collier County" or the Collier County Logo is to appear on all printed promotional materials related to the event, and Collier County is in all instances to be recognized as a co-sponsor of the event 3 1601 18. This Agreement represents a bare license for the Organization's use of the property and does not convey any estate in the Property or create any interest therein whatsoever. 19. The Organization represents and warrants to the Board that no hazardous materials will be discharged to the air, grounds, sewer, or to any septic system on the Property except fireworks are planned to be discharged in the air and on the ground according to plan. 20. The Organization shall be responsible for paying all taxes and charges associated with or resulting from the holding of this Event. 21. Pursuant to this Agreement, the Board shall provide twenty-five thousand dollars ($25,000) for the Festival. The funding is to be used for permit fees, park fees, entertainment fees, sheriff's department fees, carnival fees and/or fireworks fees. Funds will be paid on a reimbursement basis upon the submission of copies of paid invoices. All invoices will be signed by the President or Treasurer of the Naples Junior Chamber of Commerce attesting that the goods are services indicated by the invoice were received. 22. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Limited Use License Agreement as of the day and year first above written. AS TO THE ORGANIZATION: ~Mc\0N'f\j Witness (signature) ~(C\ Mc\Qm ~ ~print me) f1j~ Wit ess (signature) "^ 0,,(1::> \ \'/\O,{ \x\'v (print name) NAPLES JUNIOR CHA INC. BY:~ , Presiden AS TO THE COUNTY: ATTEST: .... . "" . ,,~ '")'" ". r 0 \:'UUiI,J tl..c- "-. DWIGHT.~"BROC~;:~rk of Courts ~~LaSf0 ),C ej'llJJyCre~s~:u to CIltll'llU . ".1 .'l~tin cmh Approved as to form ~ an~/ Rob rt Zac ary, ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: L2 / -4/dL ~~G~ Item # l.1e.QL 1 ~~~~da~il0k.1- 4 16D1 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I OATE(MMJDDlYYYY) 5/29/2007 PRODUCER phone: 440-248-4711 Pax: 440-248-5406 TillS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Britton-Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6240 80M Center Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cleveland OR 44139 INSURERS AFFORDING COVERAGE NAIC# nlSUREO INSURERA:.L,oxlnnt-on Insurance Co Pyrotecnico of Florida, LLC INSURERB:G...."",.,ite Stat"" Tn<:>uranc"" Co P.O, Box 310 INSURERC:~rr'h Snecialt".v Ins Co New Castle PA 16103 INSURER 0;""" , '.. .TIm INSURERE:1!.'V"is S.....e.....~ ",1 /-u Ins Com""'''''nu COVERAGES THE POLICIES OF INSURANCE LISTED BELOW RAVE BBEN 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 I 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 CLAUlS. INSR ~~D I POt.lCY NUMBER POUCY EFFS~E POLICYEXPI~mN L1MrTS l A ~NERAL t..1A1lJ1lTY 6990164 1/14/2007 1/14/2008 EACH OCCURRENCE $1 nno ono L :3IMERClAlGENERALlIABIUTY ~~'MI~~~9~'D~rence\ $sn nnn _ ClAIMS MADE Ii.J OCCUR MEDEXF'(A.nYDflopol5oo) , - PERSONAl 8. ADV INJURY $1 non onn - GENERAL AGGREGATE $2.000.000 ~N1..AGG:E~EUMrrAPn~ER: PRODUCTS~COMPfOP AGG $2 onO.onn ~UCYX i~~; we B MTOMOBILELlABlUTY CA3B090961 1/14/2007 1/14/200B COMBINED StNGLE LfMtT X.- ANY AUTO (Eaacddent) Sl,OOO~OOO - ALLOWNEOAUTOS BODlLYIJ.jJURY (PllI'persor.) $ - SCHEDULED AUTOS 1'- HIRED AUTOS BODllYINJURY (Peraccldfll'lt) $ 1'- NON-OWNEDAUTOS - PROPERTY DM\AGE , (Peraccld611l) =rGEllA""TY AUTOONLY-EAACCIDENT $ NfYAUTO ontER n-w.I EAACC $ AUTO ONLY: AGG $ C ~~ssroMBRELLAUABIUTY ULPOO11761 1/14/2007 1/14/200S EACH OCCURRENCE $4 000 000 X OCCUR 0 CLAIMS MADE AGGREGATE $4 ooo.ono $ ~ ~:OUCTlBlE -- $ V" RETENTION $1 n 000 $ D WORKERSCOMPEHSATlONA!-lD 2B26C707 6/22/2006 6/22/2007 X l_wCST~TU-, 110m- EMPl..OYERS'L14BIUTY EL. EACH ACCIDENT $1 000 000 AN'i PROPRI ETORn"'ARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? E.L DISEASE - EAEMPLOYEE $1 000 000 g~~~a~p~~~~NS below E.L DISEASE - POLICYLlMIT $1 non 000 E OTHER EAU723112 1/14/2007 1/14/200B $5,000,000 Each Occurrence Excess Liab. $5,000,000 Aggregate DESCRJPTlON OF OPERATIONS I LOCATlONll/VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS ate of Event: July 4, 2007 Location: Sugden Park, naples, FL ~dditional Insured{s): Collier County, Board of County Commissioners; Naples Jaycees CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Collier County BEFORE THE EXPIRATION DATE THEREO~, THE ISSUING INSURER WILL EI\'"DEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE Board of County Commissioners CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 3301 East Tamiami Trail, Blvd D SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON llaples FL 34112 THE INSURER~ ITS AGENTS OR REPRESENTATIVES. AUTHO~EDREPRESENTATWE rl};.J2..j,1fB= ACORD 25 (2DD1/0B) @ACORDCORPORATION19BB 16;C! '~7 ........ Commercial General Liability Policy Number: 6990164 Lexington Insurance Co. Policy Effective: 1/14/2007 Company: Named Insured: Pyrotecnico of Florida, LLC HOLD HARMLESS INSURANCE It is agreed that within the Limits, Tenns and Conditions set forth in the policy, the Company will defend, indemnify and hold hannless: Collier County, Board of County Commissioners, 3301 East Tamiami Trail, Blvd D Naples, FL 34112 from any claim, demand, suit, loss, cost of expense, or any damage which may be asserted, claimed against or from: Collier County, Board of County Commissioners, 3301 East Tamiami Trail, Blvd D, Naples, FL 34112 by reason of any damage to property or bodily injury, including death, sustained by any person whomsoever and which damage, injury or death arises by the negligence of: Pyrotecnico of Florida, LLC or by their agents, servants, and employees while acting in the course and scope of their employment. Au~J2.00~~::? ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 6. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 'lint 'Hi pcl':; [1<1:',', \:l','h L<. "li!'II:d' d(',:ii:l1<.:i < ,',Ull11e::1' 'I;: h_ll'1',il(lkd i',\li,,' I~,':;r,! 11 I,,;it,.; ;Li 1'.-, I'j:,,-I ,Ic.'!'..'r\ ,:., :1,' I:",'i '. J:il-,', i 'I' !W".:i~-" i'I' ,-ii' , ~, " 1 ! ':','-1,11;1: ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additionaJ signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chairman's signature, draw a line through routing lines # 1 throul!h #4, comnlete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service -7ff- (, jr-o/O 7- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BeC office only after the Bee has acted to approve the item) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 6/]2/2007 Agenda Item Number ]60-6 Annroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original 3 Attached Documents Attached Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not aoorooriate. (Initial) Aoolicable) I. Original document has heen signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed '-:Jf- by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's .-:tt- n/a Office and all other oarties exceot the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval ofthe "#-. document or the final ne~otiated contract date whichever is aoolicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's .1-f--- si!mature 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. :1f- Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofvour deadlines! 6. The document was approved by the BCC on 06/12/2007 (enter date) and all changes I~ N/A is not made during the meeting have been incorporated in the attached document. The an option for Countv Attornev's Office has reviewed the chan!!es, if aoolicable. line 6. INSTRUCTIONS & CHECKLIST I: Forms/ County Porms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rcvised 1.26.05, Rcvised 2.24.05 Return to 4036000 OR: 4247 PG: 0716 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 06/20/2007 at 01:06PK DWIGHT B. BROCK, CLBRK RBC lBB 27.00 coms 3.00 Frank Ramsey Collier County HHS 3050 N. Horseshoe Drive Naples, FL 34104 File# 07-072-IF Retn: CLBRK TO THB BOARD IHTBROFFICB 4TH FLOOR BIT 7240 16D6 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this Ji day of May, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Madeleine Joseph (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Ten Thousand One Hundred Seventy Seven and 64/100 ($10,177.64). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4247 PG: 071} 6 D 6 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER's successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest," .,.::...~~. <"'. DWIGHT E: BROClK;.Clerk \\ ,~~~~~ ~ .... ...." ,DeputyClerk AttUt.'H"'to OIafrun . s I Qll'tllre on 1 . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By, / ' /lc"/lfJJy f\MES COLETTA, CHAIRMAN OWNER: lA-- mndQ <;,,~ _~, ,Thsy;l1 Madeleine Joseph . \ OWNER: \\:,itp.esses: '-('\ \O~ '-M . (li>-lQ.'.o..k Print Name ,y\o.( ~ 0_ en. (4 Ivo,rcd () STATE OF FLORIDA) COUNTY OF COLLIER) 2007, Th~~n7 Agreem7ct wa~owledged before me this ~ day of J 11lu/ , by rJ IIi7-G '\. ~ " who is personally known to me ~d . as proof of identi \ App and Recommend Approval: ow tant County Attorney ~ i~-P -~ M Y Krumbine, P A Director Collier County Housing and Human Services *** OR: 4247 PG: 0718 *** EXHIBIT "A" LEGAL DESCRIPTION Lot 132, Independence, Phase II, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, ofthe Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. School Board Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee TOTAL IMPACT FEES $100.59 $113.53 $460.23 $935.00 $2,068.00 $1,778.00 $4,489.00 $150.24 $83.05 $10,177.64 JAK Approved _/ _/_ 16D6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1607 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE i'fllil (!Il pink pap\;! :\U,I,;h 10 migillal dllclIllll'nl ()fi!:'nd d,. wl\:ni.,ii,'"ild b~' I. il1,i dV!.Lrv,.I:, ';\ ';"'~:I!! II:ii,:,'I ill ",\~npkl.:,i:,:(!t'1\!:, ::iip dnd ,'oginal ducum>:!lh an: lu be f(lr\larJed LO llli:: Huald Olfi,.(.' ,_j!] \ -JjJ~~i_ 11,_ l\';'id h 1-, ;;lkul "~I!,, 'I'ih ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or intormation needed. If the document is already complete with the exce':"tion of the Chairman's sio':"ature, draw a line throup} routiop" lines # 1 throUl>h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7? ~ /I'f/t:t- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval, 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 statTfor additional or missing information. All original documents nceding the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 6/12/2007 Agenda Item Number 160-7 Annroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original 3 Attached Documents Attached Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is Ves N/A (Not annronriate. (Initial) ADnlicable) 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 71f- by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and Dossiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's qL n/a Office and all other narties excent the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ?t document or the final neQotiated contract date whichever is aDDlicable. . . 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's R si~nature and initials are renuired. 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 ofvour deadlines! 6. Tbe document was approved by tbe BCC on 06/12/2007 (enter date) and all cbanges -#- N/Aisnot made during tbe meeting bave been incorporated in the attached document The an option for Countv Attornev's Office has reviewed the cbanoes, if aPDlicable. line 6, INSTRUCTIONS & CHECKLIST I: Forms! County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4035999 OR: 4247 PG: 0713 RBCOROBD in OllICIAL RBCORDS of COLLIBR COUNTY, lL D6/20/200J at 01:06PK DWIGHT B. BROCI, CLBRK RBC lBB 21.00 coms 3.00 Frank Ramsey Collier County HUS 3050 N. HOl1leshoe Drive Naples, FL 34104 File# 07-073-IF Retn: CLBRI TO THB BOARD INTBROmCB 4TH PLOOR BIT 1240 16[1/ This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1d day of May, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Dieuseul and Marthe Mareus (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand One Hundred Sixty Six and 25/100 Dollars ($8.166.25). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4247 PG: 0714 may, at its sole option, collect the impact fee amount in default as set forth in the OrdinaJ,6 D? or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER's successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. f' '. flf r ' Att ... -" j..,.,: 'c' e~.~ ....... . J/' DWtdiu Ej3R6cK, Clerk ~..Rt~k .. , Deputy Clerk AtttstU.to OIIt....'. s10nature on1- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: u... OWN(}j I~ Dieuseul Mareus t-Ui1c OWNER: fil1//'1IlP iYlll,r>e{~) Marthe Mareus Witnesses: . M ~ '--fY7~ 7/1. Print Namel77a;t'<l.- rf}. /Jlv'aya.d"o STATE OF FLORIDA) COUNTY OF COLLIER) 2007, The foregoing Agreement was acknowledged before me this d day of by [)i€ ';::'><..d' ~(,,{/(l4<.nwho is personally known to me or aspro6fof identity. (~7Jj,-?(7ZI ~ sign e of Person Taking Acknowledgment [NOTARIAL SEAL] " Recommend Appr val: ! ,-^~ ~ tzkow . stant County Attorney ~ M y Krumbine, MP A Director Collier County Housing and Human Services *** OR: 4247 PG: 0715 *** EXHIBIT" A" 16D? LEGAL DESCRIPTION Lot 87, Independence, Phase II, according to the plat thereof, as recorded in Plat Book 43, Pages 64 through 66, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed TOTAL IMPACT FEES $100.59 $109.17 $192.37 $632.43 $631.40 $1,778.00 $4,489.00 $150.24 $83.05 $8,166.25 B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. School Board Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee JAK Approved---1~/_ 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 dOl..'umcms should be hand delivered tn Ih..: Board Oflicc. The completed routing slip and original documents arc to be lixwardcd to the Bonnl Unlet' (ml:-' after :hc Bonrd h;-Is taken al'lIon nil Ihe 1Iun 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 16D8 exceotion of the Chainnan's si2l1ature, draw a line throuPI1 routing lines #1 through #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service --:=Ji- hi/r/vT- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one orthe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 6/12/2007 Agenda Item Number 16D-8 Approved by the BCC Type of Document Impact Fee Deferral Agreement Number of Original 3 Attached Documents Attached 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 OtTice 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 oossibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ~ n/a Office and all other Darties exceot 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 ofthe .7-F-- document or the final negotiated contract date whichever is aoolicable. , 4. "Sign here" tabs are placed 00 the appropriate pages indicating where the Chairman's ~ sil!J1ature and initials are reouired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC otTice within 24 hours of BCC approval. ~ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofvour deadlines! 6. The document was approved by the BCC on 06/12/2007 (enter date) and all changes N/A is not made during the meeting have been incorporated in the attached document. The ?l- an option for County Attornev's Office has reviewed the changes, if aDulicable. line 6. INSTRUCTIONS & CHECKLIST I: Forms! County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05 Return to 16DR 4035998 OR: 4247 PG: 071'0' RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 06/20/2007 at 01:06PM DWIGHT B. BROCK, CLBRK RBC FBi 21.00 coms 3.00 "'rank Ramsey Collier County UHS 3050 N. Horseshoe Drive Naples, FL 34104 File# 06-091-IF Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR ~; ,/J,~D for re,,"rding LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this It day of May, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Lemoine Moinius and Marie Moinius" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand One Hundred Fortv Three and 84/100 Dollars ($12.143.84). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4247 PG: 0711 may, at its sole option, collect the impact fee amount in default as set forth in the or~6J[t:P or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER's successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By ~~~~ b!IZ/ZOC1- ,~AN w,~ ::L Print Name AIn i A-UA. ~ J. (''''' LUr,.. ~'.'r O~ER: [jj;,-.li1 tf)-t~ Lemoine Moinius 1/1 (Q P){,(A6 OWNER: 4fir;/' /11 ('J /12';A, 5 Marie Moinius SATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this / Ie. day of /Ii . 2007, by le.ke,rJ€ t MI\1i'l'e U'-IOlll'''.s ., who is personally known to me or has as proof of identity. , roduced .p,~~?YP~0 ..~. ALl LC ignature of Person Taking ~ J VO ~,.IY COMMISSIOi\ " DIW7R8~5 I'XI'IRFS: July n,]()[o 11 ,,':~'" 1);"-..."" ~"""- I'"~ '" ''''''''';', .,.'~ "'V'V\.I".",,,,''''\J''I.l'V.' Recommend A proval: zkow stant County Attorney ~ ,MPA '-iJ ..~ p""''''., YOLANDA II. HERRERA ~ ~ MY ('OMi\lISSI()~ t, 1)1)578885 ~ %)-QF''-c:?'''~ I'XPlRl'S July 27. 2010 I_X'~1_1_"'UIAkY I-I ",u".n",-",,,,, .\",.c. ('" . EXHIBIT "A" *** OR: 4247 PG: 0712 *** 16D8 LEGAL DESCRIPTION Lot 8, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages71 through 77, inclusive, of the Public Records of Collier County, Florida. EXHIBIT "Boo IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Sewer Impact Fee K. Water Impact Fee TOTAL IMPACT FEES $93.00 $59.80 $192.37 $561. 70 $560.68 $827.00 $3,731.00 $150.24 $83.05 $3,125.00 $2,760.00 $12,143.84 JAK Approved _1_1_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pint.. paper. Attach to original document Origlllal d,l('II11cnts ShOldd b..:: hilnd ddivCI\:d to the H\)arJ (llTicc rile cOlllplckd routing slip and orl!2ilH11 .j'CjJIl)CIl1'. ;11\: lC' he I()f\\:ndcd h~ tlw 1~():1rd ()fII_l' ",,1,_ _If/t'r -h, li'\Fd h".; 1:11;;1, :J;{o!lli1 11L ::," ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exceotion afthe Chainnan's signature, draw a line throUJ;!h routine: lines # I throueh #4, comolete the checklist, and forward to Sue .Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) l.Frank Ramsey Housing and Human Service '#- ~/1r/()+- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statTfor additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone N urn ber 403-2336 Contact Human Services Agenda Date Item was 6/1 2/2007 Agenda Item Number 160-9 AnDroved bv the BCC Type of Document Impact Fee Deferral Agreement Number of Original 3 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Annlicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages /Tom ordinances, ,1?-- resolutions, etc. signed by the County Attorney's Office and signature pages /Tom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's w:- nla Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the ;ffL- document or the final negotiated contract date whichever is annlicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's "r?- 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 /Tame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 06/12/2007 (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. I: Fonnsl County Forms! BeC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 16D9 4035997 OR: 4247 PG: 0707 RBCORDBD in OllICIAL RBCORDS of COLLIBR COUNTY, 1L 06/20/2001 at 01:06PN DWIGHT B. BROCK, CLBRK RBC m 27.00 COPIRS 3.00 .'rank Ramsey Collier County HHS 3050 N. Horseshoe Drive Naples, .'L 34104 File# 06-088-IF Retn: CLBRK TO THB BOARD INTBROmCB 4TH PLOOR lIT 1240 . l1ils spa~e for recordlOg LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this R day of May, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Gaston Duperrier and Marie Duperrier" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand One Hundred Forty Three and 84/100 Dollars ($12.143.84). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4247 PG: 0708 may, at its sole option, collect the impact fee amount in default as set forth in the ordiL~ D 9 or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER's successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. ,~';. :: Attest: . ".' . DWIGHT E. BROCK:, Clerk .~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, . . . / ' Deputy Clerk ~::p ~hto Ch~ lnaan , s . Qqlf"..u.ne 0" i , By, ~ / d74'/ h/lZ/U07' ~RMAN OWNER: '/.(';0 ~~7/;-f' All,<, 17.-( Gaston Dupemer OWNER: ~ .&:~ . y. ./.1" ~ Marie Duperrier f "'--. STATE OF FLORIDA) COUNTY OF COLLIER) . cJ1-- "I The foregoing Agreement was acknowledged before me this li day of IVf~, 2007, by , who is personally known to me or has p duced as pro f of identity. Appr and I ,,0'"" y,;.}mA H. HERRERA .;i'.,... ,.:. "",SION ~ l)l)S7l\8~) ..,.,'*:' , ~~:f,:.:~;' ~'.l':" :~\\lly 21. 2010 "'tNOTARlAb' ", I.'" \, ~'...'''' of Person Taking Acknowledgment atzkow g sistant County Attorney oo~~r: ~YK~,MPA Director Collier County Housing and Human Services -...... r\""Y"(J~ " ~W'." YOLANDA 1/. HERRERA ~ ~ MY COMMISSION i' UJJ57l(~R5 ~o.-.~ rXPlk!:S July n.10)!) 1-lI1~)-l.NOT^RY Fl. Nnl~'y n",'"",,! Ass'x' ('n *** OR: 4247 PG: 0709 *** 1 6,1)9 EXHIBIT "A" LEGAL DESCRIPTION Lot 5, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages71 through 77, inclusive, ofthe Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Sewer Impact Fee K. Water Impact Fee TOTAL IMPACT FEES $93.00 $59.80 $192.37 $561.70 $560.68 $827.00 $3,731.00 $150.24 $83.05 $3,125.00 $2,760.00 $12,143.84 JAK Approved ~ _/_ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE I'nJl! (III pi:!:. p,lp..::r :\Il<;:1l III 1111;'111<11 d(luulI<.:w '. )11<:1::: "'ilTI "'::' !-. ".... : dC:;'\l"i"I,:,: ;u (IT hi:;If'; \ H(:u' II:.: ;';(l1npkll~d nH;lill~' \i:l' .:!:ld ,'I I:,:ill;li cbcum'::J1h "f,: t1J h... l;lf\O:lrded 1(1 :11,: Board (lfL'_' ,Jt"rU ;)- :!,':J::: hl. i.il,,' ';;;,:W lh. ;k:n ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sionature, draw a line throuuh routinp lines # I throull"h #4, comnlcte the checklist, and forward to Sue Filson (line #51. Route to Addressee(s) Office Initials Date lList in routinQ: order) I.Frank Ramsey Housing and Human Service .~ (; I' 't/v1- 2. Chairman James Coletta BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation, All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, SHIP Program Coordinator Phone Number 403-2336 Contact Human Services Agenda Date Item was 6/12/2007 Agenda Item Number 160-10 Aonroved bv the BCC Type of Document Impact Fee Deferral Agreement Number ofOriginaJ 3 Attached Documents Attached Initial the Yes column or mark "N/A'" in the Not Applicable column, whichever is Yes NIA (Not annronriate. (Initial) Annlicable) 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 oossiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's ::::r-t- nla Office and all other narties excent the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the <1f!- document or the final ne.otiated contract date whichever is aoolicable. 4. "Sign here'" tabs are placed on the appropriate pages indicating where the Chairman's '7-f- si.nature and initials are reouired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. -:H- Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware ofvour deadlines! 6. The document was approved by the BCC on 06/12/2007 (enter date) and all changes -:::t?- NIA is not made during the meeting have been incorporated in the attached document. The an option for Conntv Attornev's Office has reviewed the chan!!es, if annlicable. line 6. INSTRUCTIONS & CHECKLIST I: Fonnsl County Fonns/ BCe Fonns! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ,-' 16D 10 4035996 OR: 4247 PG: 0704 RECORDED in OllICIAL RECORDS 01 COLLIER COUNTY, 1L 06/20/2001 at 01:06PM DWIGHT E. BROCK, CLERK RBC m COPIBS 21.00 3.00 - Return to "'rank Ramsey Collier County liltS JOSO N. Horseshoe Drive Naples, FL 34104 File# 06-072-IF Retn: CLBRK TO THB BOARD INTBR011ICE 4TH 1LOOR mmo This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this it! day of May, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Manasse Fradeus and Martine Fradeus" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand One Hundred Fortv Three and 84/100 Dollars ($12.143.84). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY OR: 4247 PG: 0705 may, at its sole option, collect the impact fee amount in default as set forth in the Ordin~c6 D 1 0 or bring a civil action to enforce this Agreement, or declarc that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER's successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. ,'~[J\(~ l.... .\.' ..,..... Attest:~' . . DWI(jHT E. BROck, 'Clerk ~~'~~~ ,:;: ',' . , Deputy Clerk Attest as to Chafrsan t.:l....;fl!!1..d'(l or"d w I BOARD OF COUNTY COMMISSIONERS COLLIER COJ,fNTY, FLORI C ./ ,/ / ~. By: / ~Ji'l)ZciJr JAMES COLETTA, CHAIRMAN OWNER: /~$-::-~~---4 Manasm: r radeus - ... , OWNER: Witn,esses: ;j"ff/JI'L- Print Name /1 / , / f~I/Y. t..-- N (!f tJ Ice '~__.- j;t[t- /1/ lu,:I/ -h u ~.....~ Marti.. e ~r~~~~" STATE OF FLORIDA) COUNTY OF COLLIER) ",~",~o NORMA LORA.TREJO' hi., MY COMM.1SSION i! IJD. .SiJ03111 ~.tN'll I'Xl'IKES: August ?f) 1010 1_~'~'l~~T.'\F\ H ~<,}tary O;''''-'UI\I ^5S0<;. Cc' roduced 2007, The forfgoing Agreem~nt was ac owle ge efore me this .Ji....- day of by {,1 W, u c.:>' <I }A, r ~'n i rrJJ',~lCwho is personally known to me or . \~') \ .cO' ( I., ( , .,' as proof of identity. f.~ NQRMA IllRA-T~EJO 5 1I1..t1\~~J903385 ~^. -"if E.XPIl{r:$: AU)j\.lst 29. 2010 '~O_F\.". 1.~III1.:',~'IOTAkY 1"1 NO!lIfY Pi~OOl_mt A>:iOC. C" / /7 l"ir.w4tG ~;~w ,C;" Signature of Person Taking AEknowledgment latzkow ssistant County Attorney < cy Krumb Director Collier County Housing and Human Services EXHIBIT "A" *** OR: 4247 PG: 0706 *** LEGAL DESCRIPTION Lot 141, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages71 through 77, inclusive, ofthe Public Records of Collier County, Florida. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Sewer Impact Fee K. Water Impact Fee TOTAL IMPACT FEES JAK Approved _L..1_ 16D1Q Amount Owed $93.00 $59.80 $192.37 $561.70 $560.68 $827.00 $3,731.00 $150.24 $83.05 $3,125.00 $2,760.00 $12,143.84 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F2 ,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 # t 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 throup"h routi]1J' lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routing order) 1. -- 2, ,.- 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners OC to hdJo 7 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statl tor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office ooly after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number 'e Agenda Item Number Number of Original Documents Attached Y/l-(nO';)S (oF~ Yes (Initial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a 1'0 riate. Original document has been signed/initialed for legal sufficiency. (All documents to he signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have heen fully executed hy all parties except the BCC Chairnlan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC omce within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCe on";). (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count AHorne 's Office has reviewed the chan es, if a IicabIe. elite Ole 2. 3. 4. 5. 6. l: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS OrigioaI9.03.04, Revised 1.26.05, Revised 2.24.05 16F2 MEMORANDUM Date: June 13,2007 To: Christine Chase Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Memorandum of Understanding between Collier County Board of Commissioners and Habitat for Humanity Enclosed please find one (1) copy of the above referenced document, (Agenda Item #16F2), approved by the Board of County Commissioners on Tuesday, June 12, 2007. Please forward the original document on to the appropriate person/department. rfyou should have any questions, please call 774-8411. Thank you. Enclosure (1) 16P2 Memorandum of Understanding Between Collier Connty Board of Commissioners And Habitat for Humanitv of Collier Countv I: Puroose: 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 Habitat for Humanity of Collier County. ll: Statement of Basic Resoonsibilities: 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 activities of both public and 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 Habitat for Humanity 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. ID: Coordination of Effort: Cooperation and coordination between Collier county Government, through its Emergency Management Department and Habitat for Humanity 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. Habitat for Humanity 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 effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief. IV: Responsibilities: 1 .: 16F2 A. Collier County Emergency Management Department agrees to the following. l. Notify Habitat for Humanity of Collier County of the potential need to assist in activ ities following a disaster. and Par1icipate in and develop training in disaster response for the members of Habitat for Humanity of Collier County~and Assist in the development plans II)r Habitat for Humanity 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 Habitat for Humanity of Collier County for disaster relief and recovery projects; and 6. Wbenever members of Habitat tor Humanity 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 Collier County shall be liable lor 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 Statlles 76828. for its negligent acts, however. this responsibility shall not serve as a waiver of Collier County's Sovereign Immunity limits. ~ 1 ., 7 B. }i@Uat for HgD]i\,nilyofCol!ieLJ:(mmy.agrees to l. Provide facilities and/or stalTto 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 I. No moditications or changes will be made to the facilitv/property by the Collier County Representative without the express written approval of the O\\ner/operator 2. Prior to occupancy. representatives of both parties will inspect the facility/property and will note anv discrepancies on the inspection form. and/or this agreement. 3 Prior to occupancy, representatives of both par1ies will again inspect the facility/property to note any discrepancies on the release form. Normal 2 16f:'2 wear and tear is considered to the responsibilitv of the organ izat ion/owner/operator. 4. The facility/property vvill be returned to the organization/owner/operator in the same condition as it ~a& ..I.u.l occupied/acquircd 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 Habitat for Humanity 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 he cffectivc from thc 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 onc 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 terminatcd as provided in Paragraph VI. of this Agrcement. This Agreemcnt may only be automatically renewed two times Both partics 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 reasonaoly believe that the spirit or intent of Chapter 252, Florida Statutes is not being effectuated by this Agreement. ---~- Q!.~eL'?~ STATE OF FLORIDA COUNTY OF COLLIER BOARD OF COUNTY COMMISSrONERS COLLIER CO TY, F R1 By ~/1"J/o1 . Habitat for Humanity of Collier County BY~~ instrument was acknowledged belore me this15__day of 2007, by N(cb..Q~~.u.lo.be.~ as Picot.lo..hcL:DP1lf LOprv,W'" The I(xegoing :~L ~ 3 11~-klh.l.maJ1ifu__. a .1Ulh pmfIT- [ ] has produced driver'sLlicense no ..._. Approved as to flJrm and legal sufficiency. tiO-=R ~o ~ Jenn er A Belpe Assistant County Attorney 16F2 .~..>_.,~,,_.."....., H ~9te is [ 1 personallv known to me. or as identitication. NOTAR UBLlC Name Um 13.- (Type or Print) \lly Commission Expires 3/<-f.IOO 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document Original documents should be hand delivered to 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 infonnation needed. If the document is already complete with the exccDtion oftlle Chairman's signature, draw a line through routing lines # 1 throw,h #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. . - 2. 3. ~ 4. - .- 5. Sue Filson, Executive Manager Board of County Commissioners ~11d.lo7 CRe 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the BeC office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached Yes (Initial) N/A(Not A plicable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all pmties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clcrk to the Board The Chairman's signature line date has been entered as the date ofECC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on Id- D (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a lie able. Ci\L me I: Forms/ County FOffils! Bec Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 1 6 F.3 MEMORANDUM Date: June 13,2007 To: Christine Chase Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Memorandum of Understanding between Collier County Board Commissioners and Veterans of Foreign Wars Post 7721 Enclosed please find one (1) copy of the above referenced document, (Agenda Item #16F3), approved by the Board of County Commissioners on Tuesday, June 12, 2007. Please forward the original document on to the appropriate person/department. If you should have any questions, please call 774-8411. Thank you. Enclosure (1) 16r, Memorandum of Understanding Between Collier County Board of Commissioners And Veterans of Foreil!n Wars Post 7721 I: Puroose: The purpose of this Memorandum of Understanding (MOD) 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 Veterans of Foreign Wars Post 7721. II: Statement of Basic ResDonsibilities: 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 activities of both public and 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 Veterans of Foreign Wars Post 7721 wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. ill: Coordination of Effort: Cooperation and coordination between Collier county Government, through its Emergency Management Department and Veterans of Foreign Wars Post 7721 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 ofthis Agreement. Veterans of Foreign Wars Post 7721 works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief IV: Responsibilities: 1 16F3 A. Collier County Emergency Management Department agrees to the following: 1. Notify Veterans of Foreign Wars Post 7721 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 Naples Veterans of Foreign Wars Post 7721;.and 3. Assist in the development plans for Naples Veterans of Foreign Wars Post 7721; 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 Naples Veterans of Foreign Wars Post 7721 for disaster relief and recovery projects; and 6. Whenever members of Veterans of Foreign Wars Post 7721 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. Veterans ofForeil:1n Wars Post 7721 agrees to: 1. 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: 1. 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 2 16F3 wear and tear is considered to the responsibility ofthe organization/owner/operator. 4. The facility/property wi\l 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 Veterans of Foreign Wars Post 7721 wi\l 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. VL 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. AS TO,CQW:fIY: Atte.~' . ''''.,. ~.~' ~"l~~k eputYA~~S~"S to Chat..... I WITNESSt~nature on1 ~ 0l( 1~ID'7 By: Naples Veterans of Foreign Wars Post 7721 By: ~0J~. W~ ~ \.Ai l",L, S STATE OF FLORIDA COUNTY OF COLLIER 'The A~ foregoing instrument was acknowledged before 2007, by ~I. w \,~\t.'<" ~s 1;),'1;(0' 4"t\ JONATHAN SHAW PW. 4.:" MY COMMISSION' DD 564773 'If.. . i EXPIRES: Jun. 18, 2010 . .Rf,.., BondedThruNotaryPi.bIicUnd&!wIIlera of of 3 ... ' a Ii/f has produced driver's license no. (SEAL) '.i'-~'~".n.~ -'" I '!f:."i'.". JONAllWISHAW ~~>>. 'ilf:. MYCOMMISSIONIDD564..77" , : EXPIRES: Jon.1B, 2010 EIondedThNNoIaryp!t'lelJf\denolt'l, Approved as to form and legal sufficiency: ifeC'u'"2, ~ r~-' Jenni er A. BelPedi~ Assistant County Att ey 16F3 's [ personally known to me, or a . entification. Y PUBLIC '3......z. l '(1\ ?oj U (Type or Print) y Commission Expires: 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJ 6 F J. TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 4f 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 Ollicc The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action 00 the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exceotion or the Chairman's signature, draw a line throucl routing lines # 1 through #4, comn]ete the checklist, and forward to Sue Filson (tine #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners Cflc Glld-)O? 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder or the original document pending BCe approval. Normally the primary contact is the person who created/prepared the cxecutive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafltor additional or missing information. All original documents needing the Bce Chairman's signature arc to be delivered to the BCC oflice only atler the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Number of Original Documents Attached Yes (Initial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A.' in the Not Applicable column. whichever is a pro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts. agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Ollice and all other arties exce t the BCe Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here'. tabs are placed on the appropriate pages indicating where the Chairman's si 'nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC ollice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on I~ C (enter date) and all changes made during the meeting have been incorporate in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Olc CfR \: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, R.evised 2.24.05 2. 3. 4. 5. 6. 16F4 MEMORANDUM Date: June 13,2007 To: Christine Chase Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Memorandum of Understanding between Collier County Board Commissioners and Guadalupe Social Services Enclosed please find one (1) copy of the above referenced document, (Agenda Item #16F4), approved by the Board of County Commissioners on Tuesday, June 12, 2007. Please forward the original document on to the appropriate person/department. If you should have any questions, please call 774-8411. Thank you. Enclosure (1) 16F4 Memorandum of Understanding Between Collier County Board of Commissioners And GuadaluDe Social Services I: Puroose: The purpose of this Memorandum of Understanding (MOV) 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 Guadalupe Social Services II: Statement of Basic ResDonsibilities: 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 activities of both public and 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 Guadalupe Social Services 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 Guadalupe Social Services 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. Guadalupe Social Services works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief IV: Resoonsibilities: 1 16F4 A. Collier County Emergency Management Department agrees to the following: 1. NotifY Guadalupe Social Services 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 Guadalupe Social Services~and 3. Assist in the development plans for Guadalupe Social Services~ and 4. Schedule periodic meetings and/or exercises to familiarize members of disaster preparedness or recovery initiatives; and S. Utilize, when and as appropriate, the services of Guadalupe Social Services for disaster relief and recovery projects; and 6. Whenever members of Guadalupe Social Services 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. GUADALUPE SOCIAL SERVICES_agrees to: 1. 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 S. Provide the Emergency Management Department with an update offacility and manpower capabilities at least annually prior to June of each year. C. Both of the above named parties agreed to the following: 1. 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. 2 16F4 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 GUADALUPE SOCIAL SERVICES 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 ofthe 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. AS TQC~X' Att~: . r ~ ',' E.-BROt:K, Clerk . "~\bl~ .puty' k ';. ' 'ast~, to Cha1n!14/1 s I:stl~b"'~l~ Print Name:~('\.'$l c" S. t\rir.<ht" ~"~'?"fr~ Print Name: 1j a y 1 A- /;:.7 (j d. , '" ./..f '" . BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, By: Guadalupe Social Services .---- STATE OF FLORIDA COUNTY OF COLLIER iI, -f'loI T~e foregoing instrument was ackno'Y.ledged before me this:3D day of , \ l , 2007,by ~C\\\I(\~\(\.\\-\-\Q\\n as ~l\\(\\~fP\t\J\\C\ of I \ C\\ \ (~G ' a '2,\'(' . . He/She is [ ] personally known to me, or [vfhas produced driver's license no. f1t"jLjJ., -LJ1;.I-tj(o .. '51. A .(las identification, 3 NOTARY PUBUC.sTATE OF FLORIDA ~.".... La MG' QW:" uta . ulierrez ~ I Commission #DD6S9699 ...../ Expires: APR. 04, 2011 IONDED nun,! Atl.ANTIC B<>>mINQ co.. INe. (SEAL) Approved as to form and legal sufficiency: ~C~~~J' Jennife A. Belpedio Assistant County Atto ey --., 16Flt _D G i ()l,Lt l ;L(A viti ' cL ., If I v-ej NOT :ty PUBLIC '- t . Name: 01 \In ~\ -1\ \+H YlN) (Type or Pnnt) My Commission Expires: \\$, \ l (1\, ;)C,\ \ 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prim on pin!.. paper. Attach to original dOCLlIlli;nl Original dn"::UlTa::nts ,;hlluld he hand ddi\i:TCd \(l till: I~oard Ot1kc. TIl..: completed routing slip lmd original do<.:umcnts arc 10 he fonvardcd to the Board Otlil:c (\nl~ arkl the IJ!lard has tukCH :lction on the ikJll) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infOlmation needed. If the document is already complete with the excention of the Chairman's si2llature, draw a line throuel1 routinl!: lines # I throu2h #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. - 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners (1f'C. &/l:2/ 0') 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original dm.,'umenl pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary_ Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the sec Chainnan's signature are to he delivered to the BCC office only after the sec has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attacbed C1,{l'0\1ne CJ-ur'Se.. (y 1::1 en ex. SUfY1IYlt'U\.j Phone Number CfG C'ftc ~ Q~ QfC. Cl1~ I: Forms! County Fonns! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Agenda Item Number I'V) GLL Number of Original Documents Attached L INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency, (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions. etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc, that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified, Be aware of our deadlines! The document was approved by the BeC on (0 \- (enter date) and all changes made during the meeting have heen incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a IicabIe. 2, 3, 4, 5. 6, 1 6 F' 6 "'off MEMORANDUM Date: June 13, 2007 To: Christine Chase Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Memorandum of Understanding between Collier County Board Commissioners and Mayflower Congregational Church Enclosed please find one (1) copy of the above referenced document, (Agenda Item #16F6), approved by the Board of County Commissioners on Tuesday, June 12,2007. Please forward the original document on to the appropriate person/department. If you should have any questions, please call 774-8411. Thank you. Enclosure (1) 16 f"h Memorandum of Understanding Between Collier County Board of Commissioners And Mavflower Con2re2ational Church I: Puroose: 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 Mayflower Congregational Church. 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 activities of both public and 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 Mayflower Congregational Church wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. ID: Coordination of Effort: Cooperation and coordination between Collier county Government, through its Emergency Management Department and Mayflower Congregational Church 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. Mayflower Congregational Church works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief IV: Responsibilities: I " 16F6 A. Collier County Emergency Management Department agrees to the following: 1. Notify Mayflower Congregational Church 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 Mayflower Congregational Church;"and 3. Assist in the development plans for Mayflower Congregational Church; 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 Mayflower Congregational Church for disaster relief and recovery projects; and 6. Whenever members of Maytlower Congregational Church 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 tor 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 76828, for its negligent acts, however, this responsibility shall not serve as a waiver of Collier County's Sovereign Immunity limits B. Mayflower Congregational Church agrees to: I. 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: I. 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 2 16F6 wear and tear is considered to the responsibility of the organization! owner/operator. 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 Mayflower Congregational Church 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 (I) year renewal period, this Agreement will renew for an additional term of one (I) 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 paliy 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. s BOARD OF COUNTY COMMISSIONERS COLLIER C~Y, 7,lDA, BY~ ~ lol~I07 Print Name: Maytlower Congregational Church By .~.~~~,~~~ ,YfL.U- STATE OF FLORIDA COUNTY OF COLLIER fW)f ~~ The foregoing L~A.ay instrument was acknowledged betore 2007, by Mno ~bJ~sKl , as me,,) this_#day of r ('I ? . of 3 16F6 ,/ a ~h.:n He/She is [ ] personally known to me, or oduced driver's license no. S -1f.I.-")'f~'O as Ide tIficaf . ~\\\""IIlIll",I~ /~~ ~ \. ROBINs. ~,~ ;P .........~~ ...~ION~. ~ Il~<P,b1.<~\:.\ \ 1*: ... :*= 'S.~ \" #DO 276653 ..~ql ~...... ..'cf. ,'"",', . ~.........~~ "lb.i.IC~ . Approved as to form ami/'I ficlency: (SEAL) 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO F7 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 Oflice. 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 exceotion of the Chairman's sip'naturc, draw a line through routing lines # I throup:h #4, comnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routiOlJ order) 1. 2. , - 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners UC (., lid.! Dj 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact stafT for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number LL N umber of Original Documents Attached Yes (Initial) N/A(Not A licable) 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne 'otiated contract date whichever is a plicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC on .,,' \ (enter date) and all changes made during the meeting have been incorporat d in the attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. ()K CJ1C- Ci\C- 2. 3. 4. 5. 6. L Forms/ County Forms/ BCC Forms! Original Documents Rouling Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 16F7 MEMORANDUM Date: June 13,2007 To: Christine Chase Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Memorandum of Understanding between Collier County Board Commissioners and Immokalee Friendship House Enclosed please find one (1) copy of the above referenced document, (Agenda Item #16F7), approved by the Board of County Commissioners on Tuesday, June 12, 2007. Please forward the original document on to the appropriate person/department. If you should have any questions, please call 774-8411. Thank you. Enclosure (1) 16F7 Memorandum of Understanding Between Collier County Board of Commissioners And Immokalee Friendship House I: Purnose: 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 Immokalee Friendship House. ll: Statement of Basic Resoonsibilities: 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 activities of both public and 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 Immokalee Friendship House wishes to assist in rendering the most efficient service with a minimum of duplication to the citizens and guests of Collier County. ill: Coordination of Effort: Cooperation and coordination between Collier county Government, through its Emergency Management Department and Immokalee Friendship House 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. Immokalee Friendship House works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its members of this Agreement to assist Collier County government in carrying out mutual responsibilities for disaster relief. IV: Resoonsibilities: I 16F? A. Collier County Emergency Management Department agrees to the following: I. Notify lmmokalee Friendship House 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 lmmokalee Friendship House~and 3. Assist in the development plans for Immokalee Friendship House; 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 lmmokalee Friendship House for disaster relief and recovery projects; and 6. Whenever members oflmmokalee Friendship House 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 JoJorida Statues 76828, for its negligent acts, however, this responsibility shall not serve as a waiver of Collier County's Sovereign Immunity limits. B. [mmokalee Friendship House agrees to 1. Provide facilities and/or statTto 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 offacility 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. 2 16F7 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 Agrcement presents the general and some specific guidelines by which Collier County, through its Emergency Management Department and [mmokalce Friendship House 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 etTective 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 cnd of the one (]) year renewal period, this Agreement will renew for an additional term of one (I) 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 efTectuated by this Agreement. . By: 6JlfJ )0'7 By lmmokalee Friendship House " Print Name:,./ STATE OF FLORID COUNTY OF COLLIER: The foregoing instrument was acknowledged before me thisLday of 2007 by f)lIJirA t! PaY) as hktv'C: -y.~or of fri , /', a n.______________ He/~is [ ] personally known to me, or ] has produced driver's license no f(~lJ-?J'1190,9..0 as identification. . EDIIMDOMMAcluil ......, ..... . ...... ..... . . ..,r . .EII!Iho./lot4,2D1t c-- . " . DO f2tM4 n' .......'"""""'--NaloryAIM. , , , , 16r'7 ~",J(~//y NOTARY PUB C Name.E~~1A (Type or Pnnt) My Commission Expires Je,..; II..\- )D2D11 (SEAL) Approved as to form and legal sufficiency: Jenni A Belpedio Assistant County Alto ey 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F8 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print un 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, dales, and/or information needed. [[the document is already complete with the exception of tile Chairman's signature, draw a line throuP'h mUlinp lines # 1 through #4, complete the checklist, <Uld forward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1. ~ 2. 3. 4. . 5. Sue Filson, Executive Manager Board of County Commissioners Cf\C- ~ !I;}/67 6, Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact statf for additional or missing inf()fmatioll. All original documents needing the BeC Chairman's signature arc to be delivered to the BCC office only after the Bee has acted to approve the item) Name of Primary Staff en'i j S11 NL c.tIJJ. ,,>e.. Phone Number 4/1 -CoCQS Contact Agenda Date Item was eolp ID'I Agenda Item Number 1(0 F<6 Approved bv the BCC Type of Document E~, SW..'C\t'Y\CJV I Aq,e<:,nlerJ- Number of Original 3 Attached Documents Attached , I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ropriate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Omcials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Omce and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of Bee approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si rnature and initials are re uircd. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCe office within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bce's actions are nullified. Be ware of our deadlines! The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao Jes, if a IicabIc. Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. C1lC CfC ere , Crt... eft:, I: Forms! County Forms/ Bec Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16F8 MEMORANDUM Date: June 13,2007 To: Christine Chase Emergency Management From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement for Disaster Preparedness Enclosed please find ~o (2) original copies of the above referenced document, (Agenda Item #16F8), approved by the Board of County Commissioners on Tuesday, June 12, 2007. Please forward the original document on to the appropriate person/department. If you should have any questions, please call 774-8411. Thank you. Enclosure (I) 16FR v REGULAR SCHOOL BOARD MEETING MAY 17, 2007 - 4:00 PM DR. MARTIN LUTHER KING, JR. ADMINISTRATIVE CENTER 5775 OSCEOLA TRAIL - NAPLES, FL 34109-0919 May 17, 2007 - Regular Board Meeting Agenda Item #6-3 TItle Interlocal Agreement with the Board of County Commissioners for Disaster Preparedness Florida Statute 252.38 Federal Statute School Board Policy Item Type Action Requested Action Type Action Requested Executive Summary The District assists the Board of County Commissioners with emergency response to minimize the threat to loss of life and property in the county. Often District facilities and/or personnel are provided as resources to the Board of County Commissioners to respond to these exposures. The attached interlocal agreement establishes the mutual aid provided to the Board of County Commissioners by the District. It further outlines specific issues in regards to liability, planning, assessment of school facilities, and financial obiligations as a result of these threats. The proposed interlocal agreement updates a prior agreement that was in place with the county. Leqal Aooroval The agreement has been approved by Mr. Richard Withers, School Board Attorney. Recommendation Request approval of the _ctI2JbIName> Interlocal Agreement with the Board of County Commissioners for Disaster Preparedness. District Prioritv/Belief 16 F8 ~ REGULAR SCHOOL BOARD MEETING MAY 17, 2007 - 4:00 PM DR. MARTIN LUTHER KING, JR. ADMINISTRATIVE CENTER 5775 OSCEOLA TRAIL - NAPLES, FL 34109-0919 Learning occurs most effectively in a safe and nurturing environment. Contact Eli Mobley, Director of Security and Environment. 377-0356. Rnancial Imoact Not applicable. Budgeted 2 Recurring Costs 2 Attachment: AgreeDisPrep17MAY07.pdf 16FR '-' AMENDED INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA FOR DISASTER PREPAREDNESS THIS AGREEMENT made by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter "County") and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA (hereinafter "District"). WIT N E SSE T H: WHEREAS, heretofore, on September 4, 1980, the parties hereto had entered into an agreement regarding operations during a declared emergency or disaster; WHEREAS, there exists the continuing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from natural or man-made causes; and WHEREAS, Section 252.38, F/orida Statutes, charges the County with the duty and responsibility of safeguarding the life and property of its citizens and to provide emergency management by providing facilities and necessary personnel to staff such facilities; and WHEREAS, Section 252.38 (I) (d), F/orida Statutes, requires the District to participate and cooperate and coordinate with the County to provide and help staff such facilities and provide the use of its vehicles and personnel in assistance to the County; and Page I of6 16F8 WHEREAS, it has been determined both by the County and the District that it is the best interest of both parties to amend their former Agreement and enter into an Amended Inter\ocal Agreement setting forth the terms and conditions for emergency management activities. NOW THEREFORE, in consideration of the preambles set forth hereinabove, the mutual covenants set forth hereinbelow, and other and further good and valuable consideration, receipt of which is hereby acknowledged, the County and the District mutually agree as follows: I. The purpose of this Agreement is to provide for cooperation and coordination between the County and the District in carrying out their joint responsibility to serve the citizens of Collier County during hurricane evacuations, or other emergencies, as determined by the County, by providing school buildings, and staffing thereof, as well as needed transportation for evacuating citizens. 2. The County will utilize the comprehensive emergency management plan, standard operating guidance, and other associated planning tools and methods to provide an emergency evacuation plan for the community for declared evacuations and emergencies. 3. The District will make all necessary school buildings, facilities, and grounds, as shall be described pursuant to paragraph 5 hereafter, and personnel to staff them, available to the County to be used as shelters by citizens in the case of declared emergencies. 4. In addition, the District will make all necessary busses, drivers, and supervisors, to the extent possible, available to the County in order to transport citizens and residents in need of transportation to the shelters in the event of declared emergencies. 5. The County shall, in advance, investigate and designate those school facilities and sites to be used for the purposes of disaster or emergency shelters, and shall make arrangements to secure those sites in the event that school personnel are not available to affect such use. The Page 2 of6 16F8 County may permit and designate the American Red Cross, and its personnel, to staff, operate and supervise certain designated buildings and facilities in accordance with American Red Cross shelter management guidelines. 6. Upon a determination by the County that a disaster, as defined in Section 252.34, F/orida Statutes, has occurred, or that a threat thereof is imminent, the Superintendent of the School District shall be immediately notified. If such notification takes place during the normal school day, the Superintendent will determine a safe course of action for students and staff as well as make disaster shelters available in a timely manner. 7. Whenever the employees of the District are rendering aid to the County under this Agreement, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties for the County and the County shall be liable for their acts and actions as if they were performing their duties for the County. 8. The County shall be liable for any costs for loss or damage to any District equipment utilized pursuant to this Agreement and shall pay any expenses incurred in the operation and maintenance thereof, except in cases where the School District can become its own applicant agent for reimbursement of such costs and expenses from the Federal Department of Homeland Security and/or the Federal Emergency Management Agency. The County shall also pay and reimburse the District for compensation paid to employees furnished under this Agreement during the time of the rendition of such aid and shall defray the actual traveling and maintenance expenses of such employees while they are rendering such aid, excepting cabinet level personnel. In addition, if the American Red Cross is designated by the County to operate any particular shelter, it may have existing agreements in place that include typical reimbursements for food, staff cost, minor facility repair for routine shelter operations wear and Page 3 of6 16F8 tear, and general liability coverage. The agreements hereunder shall be subordinate to the American Red Cross coverage for these items, and shall come into effect after payments and/or reimbursements made by, or on behalf of, the American Red Cross. The term "employee" as used in this Agreement shall mean, and the provisions of this Agreement shall apply with equal effect to paid, volunteer and auxiliary employees. 9. The County and the District further agree to consider such projects, which from time to time, may include, but are not limited to, mitigation efforts such as the installation of generators, hurricane shutters, all of which will be for the mutual benefit of both parties. 10. The District agrees that the use of any designated school facilities for disaster preparedness by the County will be at no charge to the County, except as specified herein. II. Each party agrees to indemnify, defend and hold harmless the other, its officers, board members, agents and employees from and against any and all tines, suits, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, including attorney's fees and costs (and costs and fees on appeal), and damages (including, but not limited to, actual and consequential damages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of this Agreement by such party, its 0 fficers, board members, a gents 0 r employees. This paragraph shall not be considered in any way to alter the County's, or the District's waiver of sovereign immunity or extend the parties liability beyond the limits established in Section 768.28, Florida Statutes. 12. The County agrees to pay the District, after any payments or reimbursements made by the American Red Cross, if applicable, for any damages to the structure or contents of any school facility resulting directly from the use of such facility as a shelter and not from the Page 4 of6 16F8 disaster necessitating the use of the facility as a shelter. No claim for such loss, damage or expense shall be allowed unless within 120 days after such loss, damage or expense is sustained, an itemized notice of the claim, under oath, is served on and received by mail, or otherwise, by the County through its Emergency Management Director or County Manager. 13. The parties hereto agree that throughout the duration of this Agreement, and during the performance of the obligations hereunder, the District is an independent governmental entity and contractor in all respects, and shall not be the agent, servant, officer, or employee of the County. 14. This written Agreement constitutes the entire agreement between the County and the District, and cannot be modified except in writing, appropriately signed by all parties hereto. No verbal or other understandings are applicable. 15. This Agreement shall have no termination date except for good cause shown, and remain in force in perpetuity unless 60 days, in advance, written notice setting forth the "good cause" is given of a desire to terminate, and shall extend to all successors ofthe parties hereto. WHEREFORE, we have set our hands and seals on the dates set forth hereinbelow. THE Dr TRICT SCH OL BOARD OF CO lER CO T, FLORIDA ) ATTEST: RA M /f)~ ,2007 Page 5 of6 ATTEST: DWIGHT E, BROCK, CL$,K OF"CQURTS ....>~t\J '. .............., ,;? .." t6la<6!Ct ~ ~Uty C'er~ttest as to ChI! f I'II4n s ,.\J,>\qnat!H'{ r,r J' DATED this'~ day 0 '," lA f1 (. , 2007 Approved as to Form And legal sufficiency: /~ Robert N. Zacha ,Esq. Assistant County Attorney Page 6 of6 16F8 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By J~tiri "lm/D7 ,~/;/L Richard W. Withers, Esq. District School Board Item # J foffi A,enda .<e-I.t"}c;C1 DatB --+,'~ ~;~; 0/'3~: 16G2 MEMORANDUM Date: June 13,2007 To: David L. Jackson Executive Director/CRA 2408 Lindwood Ave, Suite 7 Unit 11 Naples, Florida 34112 From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agenda Item #16G2: Grant Agreement between CRA and Eric Booker for Site Improvement Attached, for your records, please find one certified copy of the original agreement as referenced above (Agenda Item #16G2) approved by the Board of County Commissioners on Tuesday, June 12,2007. The Minutes & Records Department has retained a copy of the agreement for the record. I f you should have any questions, please contact me at 774-8411. Thank you, Attachments (1) .4.-\{av\ I /P c; z.. JVNe' 1'2..,2iP7 A{~\)p., ORIGINAlJ. 6 G 2 GRANT AGREEMENT BETWEEN eRA AND OWNER FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE REDEVELOPMENT AREA THIS AGREEMENT ENTERED this aJlaay of ..dl/J~ , ~by and between the Collier County Community Redevelopment Agency (hereinafter referred to as "CRA") and Eric Booker (hereinafter referred to as "Owner"). WIT N E SSE T H: WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County Commissioners delegated authority to the CRA to award and administer CRA grants including contracts with owners for CRA grants; and WHEREAS, Owner has applied for a site improvement grant in the amount of $8.000 gollars; and WHEREAS, the CRA has determined that Owner meets the eligibility requirements and was approved for a grant award in the amount of $8.000 dollars on June 12, 2007 ("CRA Approval"), which is ~ of the costs to construct the site improvements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: I. Owner acknowledges to the CRA that Owner has received a copy of the Collier County Community Site Improvement Grant Program (hereinafter referred to as "Grant Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity to discuss the Grant Program with Owner's counsel or advisor. Owner further acknowledges to the CRA that Owner understands and agrees to abide by all of the terms and conditions of the Grant Program. Owner agrees to the terms and conditions of the Grant Program. 2. Owner is the record owner of property described as 2754 Shoreview Drive. 3. Owner has agreed to make certain improvements to the property pursuant to the grant application submitted to the CRA dated April 13, 2007 attached hereto as Exhibit A and incorporated herein by reference. 4. Owner agrees to complete the construction of the Site Improvements within one (I) year of CRA Approval. Owner also agrees to fund at least 75% of the costs of the Site Improvements. FY2007 SIG Agreement 16G2 5. CRA has approved a grant to Owner in the amount of $8.000 to be administered pursuant to the terms of this Agreement based on an estimated cost of $37.215.61. If the actual costs are less than the estimated costs to construct the Site Improvements and less than $8,000, the grant amount shall be reduced dollar for dollar in matching CRA funds as determined by ratio of matching private funds required. 6. Unless prior disclosure is included in the grant application, no Owner, or any immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of the Site Improvements and no Owner, or any immediate relative of Owner, shall receive compensation for labor for the construction of the Site Improvements. An immediate relative of Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law. 7. Owner agrees to obtain all necessary permits and submit any required plans to the County's Community Development and Environmental Services Division. Upon completion of the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after photos, a list of materials and construction techniques used, a list of architects and/or contractors, and any other information specific to the project or requested by the CRA staff. The CRA, through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms of the application approved by the CRA. 8. Within forty-five (45) days after confirmation that the Site Improvements were constructed pursuant to the terms of the approved application, Owner shall be issued a check in the amount of the grant. However, if Owner fails to make the improvements pursuant to the terms of the approved application, or if the project is not completed within one (1) year of CRA approval, or if Owner fails to fund at least 75% of the cost of the Site Improvements, the grant shall be deemed revoked and Owner shall be entitled to no funding. 9. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 10. This Agreement contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any representation, promise or condition, or any waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized officer of the party to be charged. 11. This Agreement is personal to Owner, and may not be assigned or transferred by Owner or to Owner's respective heirs, personal representatives, successors or assigns without the prior written consent of the CRA. FY2007 SIG Agreement ') 1l.(!? .( ,._-~" IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above, OWNER: ~~ (1~lL- lJ BY:/ L// /1011 \ Printed/Typed Name tr-(L Go,,~ef Printed/Typed Name (2) w'h:dFif Va-Ii; ,t JdtLCQ~ Printed/Typed Name ATTEST: . .,. DWIGtIrE.~M"(I)CK, Clerk ~~~~'tL -. . " .)'Deputy Clerk AtU.stasto cha fF'lllll , s fQn4'tuntoiil. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: A;Chamniin D Approved as to form and legal sufficiency: ~ ~~ d ~~-;2aLL'--'1) Maljor' Student-Stirling Assistant County Attorney FY2007 SIG Agreement MEMORANDUM Date: June 13,2007 To: David L. Jackson Executive Director/CRA 2408 Lindwood Ave, Suite 7 Unit II Naples, Florida 34112 From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agenda Item #16G3: Agreement for Sale & Purchase between the eRA and Robert T. Morgan and Frances Morgan for property located at 3991 New Moon Court Attached, for your records, please find one certified copy of the original agreement as referenced above (Agenda Item #16G3) approved by the Board of County Commissioners on Tuesday, June 12, 2007. The Minutes & Records Department has retained a copy of the agreement for the record. If you should have any questions, please contact me at 774-8411. Thank you, Attachments (l) 16G3 .\-11=M /f., {73 (JUtJc /2 ,lo07 A6€lJ\)ft) AGREEMENT FOR SALE AND PURCHASE (FOR RESIDENTIAL LOTS FOR CRA WITH MOBILE HOMES) (WHERE MOBILE HOME WILL BE REMOVED) 16G3 J/}./h , THIS AGREEMENT is made and entered into this I.L day of ..... )U 1/ f. ,2007 by and between Robert T. Morgan and Frances Morgan, husband and wife (hereinafter referred to as "Seller"), and Collier County Community Redevelopment Agency, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller owns certain improved property located at 3991 New Moon Court, Naples, Florida, and more particularly described as Exhibit "A" which is incorporated herein by reference, together with all buildings, structures including mobile homes and improvements, fixtures, built-in appliances, refrigerators, stoye, dishwasher, washer, dryer, ceiling fans, floor coyerings and window treatments (hereinafter referred to as "Property"), and the personal property, if any, as listed on the attached Exhibit "A", free from liens; WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respectiye undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 1.02 Seller's offer to sell the Property as represented by this Agreement will remain in effect without revocation until 5:00 p.m. on June 14, 2007. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety Thousand Dollars ($90,OOO), U.S. Currency payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before August 27, 2007, following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in fayor of Purchaser conyeying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 1 Initial Buyer .... ;: Initial selE.:lli- R"Y'd 16G3 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Reyenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Reyenue Service. 3.0115 Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. 3.0116 Certificate of Title or other documentation to transfer ownership of the mobile home located on the Property. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price, No funds shall be disbursed to Seller until the Purchaser or Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Purchaser or Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed, 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3,02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201,01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed, Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV, REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions 2 Initial Buyer Initial seller: /V} (<.at (11- that make the title unmarketable, Purchaser shall deliver to the Seller ~ri~nG 3 notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiYing any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 4.014 Seller agrees that all tenants will vacate the Property prior to closing and that the Property and all habitable structures will be free of garbage, debris or personal property. The mobile home on the Property shall be broom-clean and in good condition. Buyer has the right to inspect all properties the day of closing to confirm. Failure to convey properties by Seller as described in this paragraph will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the yalue of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoeyer, with the results of the independent appraisal(s), Purchaser shall deliyer to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waiyed. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 3 Initial Buyer Initial Selle,e:: J/Yj. M ~lt 16G3 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waiyed. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and enYironmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall haye the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall haye failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, proYided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party preyailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for 4 Initial Buyer Initial sellet::-f'YJ ~ rrJ II 16G3 appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approyals haye been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approyals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or inyestigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other goyernmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or haye been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any 5 Initial Buyer Initial selleErr]. f:f/ 11/ "-.,., 71 (t,/ ,i"'J 1I"0,'~ ~ K " x-, ...,. -- \V '-' ./ time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, adyertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improyement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effectiye date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliyer to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which proYisions shall surviye the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This proYision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conyeyance of title. 11.024 Seller has no knowledge of the existence of radon on the Property or any radon mitigation haYing been performed on the Property. 6 Initial Buyer Initial sell.l:: j''Y} , fk7/ 7!/ 1663 11.025 Seller has no knowledge of any mold remediation having been performed on the Property. 11.026 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice. request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Collier County Redevelopment Agency Bayshore/Gateway Triangle c/o David Jackson. Executive Director 2740 Bayshore Drive Naples, Florida 34112 With a copy to: David C. Weigel County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail ease Naples, Florida 34112 If to Seller: .1 I~.~tf - j-lo "lUL . II//! 6- LV~ ~ ~ (J 2. {,,>t! ~A! cr- JI7{JL/ {/4 y- y;/2 With a copy to: 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker. salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 7 Initial Buyer Initial sell~Y?1' j<;.:Jf ,~ 14.01 This Agreement may be executed in any manner together shall constitute the agreement of the parties. of counterpart} w9icG 3 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee. and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe. extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement. regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Collier County Community Redevelopment Agency. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership. corporation. trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517. Florida Statutes. whose stock is for sale to the general public. it is hereby exempt from the provisions of Chapter 286, Florida Statutes. ) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 8 Initial Buyer Initial sei.J3' /J1 fvf '1 16G3 IN WITNESS WHEREOF. the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: .10 Ne-j L) 'Zoo 7 AS TO PURCHASER: DATED: (.(? (r =)!D+- . ,., . . . .1' . Deputy Clerk At~t IS to Cha IrMn , .\~'f~nature on 1. I I ~ COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY BY: I~ ,~ DO~LA, Chairman .. -. f,. AS TO SELLER: DATED: AP(LIL'Z.7, 2'{'O7 '-- (?[ (Signature)! tal) r :h11 (Printed Name) BY: f:1~r"7 _(frJ.\-e~\ '-T, V\/\Di'-5t'"< N. (Printed Name) ~s'!i/L Oe,,/; tA {- J-::k./c..i cM>1 (Printed Name) BY:~ ~_.u.u :;.: ~;;! <--/7 .,/ - + ;:,;" '<)r' r''.' S, (Printed Name) //7//'J o"r') Approved as to form and legal sufficiency: rld~ I /~ Ln _David C. Weigel \)~ County Attorney - Item # b<;'3 Agenda 101,.,-,., Date ~-r-- Doted bJ(3/0:::t il ~ eputy Clerk 9 Initial Buyer Initial Seller;:::- /77, rz7( (11 EXHIBIT "A" 16G3 LOT 43, LAKE KELLY, UNIT 2, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 93. OF THE PUBLIC RECORDS OF COLLIER COUTNY. FLORIDA. FOLIO #53351480009 10 Initial Buyer Initial sellerF dJ' NtI. l/l I ! 1664 MEMORANDUM Date: June 13, 2007 To: David L. Jackson Executive Director/CRA 2408 Lindwood Ave, Suite 7 Unit II Naples, Florida 34112 From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agenda Item #16G4: Agreement for Sale & Purchase between the CRA and Robert T. Morgan and Frances Morgan for property located at 3962 Harvest Court Attached, for your records, please find one certified copy of the original agreement as referenced above (Agenda Item #16G4) approved by the Board of County Commissioners on Tuesday, June 12, 2007. The Minutes & Records Department has retained a copy of the agreement for the record. If you should have any questions, please contact me at 774-8411. Thank you, Attachments (I) Dc M l/P 61 ~ v r-.J t I z.. I 1/)D7 A6E'}J D.A >> AGREEMENT FOR SALE AND PURCHASE (FOR RESIDENTIAL LOTS FOR CRA WITH MOBILE HOMES) (WHERE MOBILE HOME WILL BE REMOVED) 16GlL I h THIS AGREEMENT is made and entered into this IJI day of ,jUtJ' J ,2007 by and between Robert T. Morgan and Frances Morgan, husband and wife (hereinafter referred to as "Seller"), and Collier County Community Redevelopment Agency, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller owns certain improved property located at 3962 Harvest Court, Naples, Florida, and more particularly described as Exhibit "A" which is incorporated herein by reference, together with all buildings, structures including mobile homes and improvements, fixtures, built-in appliances, refrigerators, stove, dishwasher, washer, dryer, ceiling fans, floor coverings and window treatments (hereinafter referred to as "Property"), and the personal property, if any, as listed on the attached Exhibit "A", free from liens; WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". 1.02 Seller's offer to sell the Property as represented by this Agreement will remain in effect without revocation until 5:00 p.m. on June 14, 2007. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Ninety Thousand Dollars ($90,000), U.S. Currency payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before August 27, 2007, following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 1 Initial BUyer~ InitiaiSelle~ ..e~ ij 16G4 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or title company. 3.0116 Certificate of Title or other documentation to transfer ownership of the mobile home located on the Property. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Purchaser or Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Purchaser or Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within twenty (20) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (AL T A Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions 2 Initial Buyer Initial seller~ 6 fl7 , /' '7) , >.{ ~" .!7 ~. r 'Vl - I,,~ that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. 4.014 Seller agrees that all tenants will vacate the Property prior to closing and that the Property and all habitable structures will be free of garbage, debris or personal property. The mobile home on the Property shall be broom-clean and in good condition. Buyer has the right to inspect all properties the day of closing to confirm. Failure to convey properties by Seller as described in this paragraph will cause delay of closing. V. APPRAISAL PERIOD 5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 3 Initial Buyer Initial seller~"'<t~\, '\ F:J7'}. 16G4 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2007 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1 %) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for 4 Initial Buyer Initial selle~:!\ \\' '\ E YJ1. 16G4 appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any 5 Initial Buyer Initialseiler~ P'I?J time during or prior to Seller's ownership thereof. Seller represents none of lb G J. Property has been used as a sanitary landfill. .,. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. 6 Initial Buyer Initial seller~"TfvV\ !: J"? . 11.025 Seller has no knowledge of any mold remediation having been perform16 G 4 on the Property. 11.026 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: With a copy to: If to Seller: With a copy to: Collier County Redevelopment Agency Bayshore/Gateway Triangle c/o David Jackson, Executive Director 2740 Bayshore Drive Naples, Florida 34112 David C. Weigel County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail ease Naples, Florida 34112 '" ~~. T 0 \r(~~Le'7 j1\oR.(,-.~N 3d ~~ C6 \\ee.- C\, ~t--~,\esJ-\\' .31\1~ 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 7 Initial Buyer Initial selle~ /3' f'Y7 14.01 This Agreement may be executed in any manner together shall constitute the agreement of the parties. of counte;p~rt~ ~i~ ~ 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Collier County Community Redevelopment Agency. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. 8 Initial Buyer InrtialSelle~ r m. 16GlL . IN WITNESS WHEREOF, the parties hereto have signed below. Dated ProjecUAcquisition Approved by BCC: J(;N~''2.1 '7..007 AS TO PURCHASER: DATED: ~ I I ~ 101- '.,.;',. ATTES:y.,\:.!"..':1 ,,;: ". " . ."'"" . .,;;t . DWIGHT"E. .sRb~'-9lerk &~Rdco..~ ~C tt'e t '.., Deputy Clerk 5 as to ClWi I s 1 gJlaturt o~ 1 ~. 1'11III I COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By~j;4- DO NA FIALA, Chairman AS TO SELLER: DATED:--.Ltf~1 L.. 27, 7..lJo7 . ~IT ES: // , .",,'-- ../;. ,/] ~ //J'7 f I 1/" ,. ./ ZPI L/ . (Signa~r ) j' L//!o/{ )()j(tIO/l (Printed J;(ame) (\ _ IJ ".\ BY: ~~.. \ '")--" (\ ,-.....,l..:,/l 'J <K h ~ '\; v c ~\::::.\. , ~~~3 1.{1\ (Printed Name) By:ilC>'F~ce.L- S" ~'~'''M , , (Signatu e OBv;d c... J,JdgoYl (Printed Name) ;;'CI rite <."<; S;:.. ~ J c/ /7 (Printed Name) / . Approved as to form and legal sufficiency: ~JJ~g\e~ County Attorney Item # 1(,r;,T~ A~:nda I A(IJlI,,\~ Dme ~ Date (~ r)..,~'d \Q c,' , I{ 9 Initial Buyer InitiaisellerRaf,Vv\ f;l'fJ' EXHIBIT "A" 166 41 ~ LOT 48, LAKE KELLY, UNIT NO.2, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 93, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO # 53351680003 10 Initial Buyer Initial Selle~ /, 41 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1665 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 ti:}f additional signatures, dates, and/or information needed. If the document is already complete with the exccntion of the Chairman's signature, draw a line through routing lines #1 through #4, cOffiolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Sue Filson, Executive Manager Board of County Commissioners 2. Minutes and Records Clerk of Court's office 3. Theresa Cook Airport Authority 4. Jerry 1. Allen Florida Airports Council Education Foundation, Inc. 5. Theresa Cook Airport Authority 6. Minutes and Records Clerk of Courts PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee otlice only after the Bee has acted to approve the item.) Name of Primary Staff Debra Brueggeman Phone Number 642-7878 (Ex!. 34) Contact Collier County Airport Authority Agenda Date Item was June 12,2007 Agenda Item Number 16G5 Approved bv the BCC Type of Document Grant Agreement Number of Original Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Omce and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the tinal ne Jotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. Yes (Initial) N/A(Not A licabJe) 1>6 1)6 08 D6 N/A 1:>0 b0 MEMORANDUM Date: June 13,2007 To: Debra Brueggeman, Airport Authority From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Grant Agreement 16G5 Enclosed is one (1) original copy, as referenced above (Agenda Item #16G5) approved by the Board of County Commissioners on Tuesday, June 12, 2007. Please forward a fully executed original copy to our office once all signatures are recieved . If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (I) .-=. FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. 1[: INTERNSHIP GRANT AGREEMENT FOR MARCO ISLAND EXECUTIVE AIRPORT No. 07-07 This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida Airports Council Education Foundation (Foundation), 250 John Knox Road, Suite 2, Tallahassee, FL 32303 and the Collier County Airport Authority (the Recipient) owner of Marco Island Executive Airport. Recitals The Florida Airports Council Education Foundation (the Foundation), a 501 C (3) Not-For-Profit subsidiary of the Florida Airports Council, issues Internship Grants to F AC-member airports to help provide work experience for students interested in pursuing careers in airport management. Grants in amounts of up to $5,000 are awarded to airports that demonstrate a desire to employ and supervise an intern and in need of financial assistance. To qualifY for this grant, the intern must be attending, or recently (within one year) graduated from, a college or university with an emphasis on airport/aviation management, operations, or a closely-related field and unrelated to any member of the airport management or authority. All applications are reviewed by the Foundation Board of Directors. Selections are made on a non-discriminatory basis. The Selection Committee met in April of 2006 and, based on the application submitted by Marco Island Executive Airport, is offering a $5,000 Grant to Collier County Airport Authority. 1. Duties of Foundation The Foundation agrees to provide funding in the amount of $5,000 to Recipient to employ an intern at Marco Island Executive Airport for the summer of 2007. This grant shall be used to pay the intern a salary and to provide housing and/or cover transportation expenses during the internship. The grant will be issued to the Collier County Airport Authority, and not directly to the student. The Foundation is not responsible for supervision of intern and the intern is not an employee of the Florida Airports Councilor the Foundation. 2. Duties of Recipient The Recipient recognizes that in addition to providing staff assistance for the airport, the purpose of the grant is to provide on-the-job experience for the student. The Recipient is responsible for providing direct supervision of the intern at all times. The Recipient will provide a financial report at the end of the Internship on how grant funds were expended. Any grant funds not expended must be returned to the Foundation for re-allocation to other/future internships. ~ 6G5 The Recipient will require the intern to write a paper at the end of the internship period, detailing work assigned, work accomplished, details of the internship, and any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after the internship has been completed. FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. COLLIER COUNTY AIRPORT AUTHORITY Jerry L. Allen, AAE, President CC()e' ~ Theresa Cook, Executive Director Date: Date: June 11,2007 + + + Executed this / J day of J UJ\ {... .,2001 ATTEST DWI t E:.BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy . Ierj( .Attest W~ CllalrIIU I sl~~tur~ onl' I '..". ~ m oea, Inn Approved as to fonn and legal sufficiency ~ Tom Pa mer, Assistant County Attorney J:o;)"; # l C-'- .,.- ..-'1' ':l .~ Li~; ~fI- ~PtiltflLl ~ I_"r~';/ '.-::".,;;--- L___.. ~ 16G5 ~... FLORIDA AIl{pOIUS COUNCIL EDUCA TION FOUNDA TrON. INc. INTERNSlIIP GRANT AGREEMENT FOR MARco ISLAND EXECliTlVE AIRPoRT No. 07-07 To q~Wy "" ili', "'., ili, ""m ."v bo ,,".... . ~,"UY(.",;" ", Y'"'J gOd""'d m., , "U'go o. """''''' "'ili " ~P',"" ". '''p,,,,,,,,,.,,, """"~'"' 'P'M'"" " , "''''y.",."" "'Id "d "m'.", ,. "y """bo. .f ili, "'PM .,,_,. """'""". AU '''''''''''"' "" m'i..", 'y ili, ,."".'v.". e",,'d .f D.~,,", S"=i",.. ""d, " , ''''di~ri.'""", """ 'n" S~''''''" C_i"" m" ,. Ap./I .f 2006 "d, .... " fl.",,,,,,",,,,",.,,,,,, 'y",= b'''d E.~""" A '''''~ .. 'ff",", · $5, "" Gm" " C'Uk. C""." AI"",", A '~""''', 1. l!uties of FOUlJdatil!.!! Tlw. ""id, Ai~,", .0",.,/1 Ed~"i"" Fo""""" f,", """"'''''' , 501 C (3) '''.F",p",", '""~d."Y of~, "0"" A.""", C''''/I, i""m '''''''''p Go"" " FA C..~bo. "~'"' ,. "'p pm"d, "'''' "P",- f"""d",, i'"m,,,,, ,. "'""'" '"m," i. 'i",," '",,"'.,... G"... i, """'ri .f"p " $5, "" "" "'''''''''' " """'" ili" "'...."0" , '''i" '" '.p'oy ,"d '"P"""' " intern and in need of financial assistance. Thl, '''''''""ip G"" A~"".. fA,..,,,,,.) " '"""" i", "'-. U. P'"i,. ,",,,. <log "f F1'rid, A."",,,, c"...", Ed.~.... F "...d..... """d"i,,) 250 fo" K". Ro'd, So,,, 2, f oJ ''''_ Fl, mO, ."" ili, Col... C..." Ai"",,, A,...,.",. f~' .~ipi.m) '"'" ,f "'~, b'..., '-,.., Alrpon. Recit'!h 2. Duties of ReciDielJt - - Tlw '''"'d.'" '",", fu """Id, "'""., I. /J/, ""'"'' '''5,''''0 fu R"ipi... "'''P''Y.. i'mm " M,= "'''d fu,"",,~ A,,,,," fu. ili. '"""" 'f ,,,,,,. Thi. g'~""'/J bo ","" '" p<<y ~, i'mm " %"<y ,"d " pm"d, "","g '"U" ~,., ''''',m"''i" ",...." d"i'g /J/, i'"m""ip. Th, ...., .i /J b. .,,"'" " ili, C '/JI" C"'""Y AI",," A "~"i~, '"' '"' "~"Y " d. """"...n" ,,"",',' i. '"' m,,,",,, bJ. T,. ",..ml"" of i.,=< 0"" ~. i.,=< i, .", ~ '''''0", ,f '". F'"". A'.",,", CO""i I " the FoundatlolJ. Th. "'ipi~, m~,"I~",lw, i, 'dd","" '0 P"'i"og ""ff .."'".~ fo< /J/, "",,", '"' P"'p"", of~, ,.., '~ '" pm"d, ".ili. N' """"'~ f" ili, ""do" T'. RooiP"" " '''''''''bJ. f" P"""'" ,,~, '"/<om",", 'f ili, '""" " ,/J <I"". n" R~ipi"", .m pm"", , """i" m",," " /J. ,"d of ,", """"" p .. ". ...., fu'd, "'.m '''P~d", A.y "'.. fu." om '"P~d", "",, bo "'"m", " ,", Foundation for re-allocation to other/future internships. - "';, !'/ , ~ 'i... , &, () Ll The Recipient will require the intern to write a paper at the end of the internship period, detailing work assigned, work accomplished, details of the internship, and any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after the internship has been completed. FLORIDA AIRPORTS COUNCIL. EDUCATION FOUNDATION, INC. COLLIER COUNTY AIRPORT AUTHORITY Jerry L. Allen, ME, President Th~C~ve Director Date: Date: June 1 L 2007 + + + Executed this JL day of J un i. .,200'r A TTES-r;:.. DWIGHT E. BROC~ Clerk ~~~tO-'!G \t- . Deputy.tterk AttHt~"to r,;,~'rnGl'l ! I; i -..., '1f- ,. : . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~~ .furl' Coletta, Chairman Approved as to form and legal sufficiency to,^^ ~J~ Tom Paimer, Assistant County Attorney 16G5 FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. INTERNSHIP GRANT AGREEMENT FOR MARCO ISLAND EXECUTIVE AIRPORT No. 07-07 This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida Airports Council Education Fonndation (Foundation), 250 John Knox Road, Suite 2, Tallahassee, FL 32303 and the Collier County Airport Authority (the Recipient) owner of Marco Island Executive Airport. Recitals The Florida Airports Council Education Foundation (the Foundation), a 501 C (3) Not-For-Profit subsidiary of the Florida Airports Council, issues Internship Grants to F AC-member airports to help provide work experience for students interested in pursuing careers in airport management. Grants in amounts of up to $5,000 are awarded to airports that demonstrate a desire to employ and supervise an intern and in need of financial assistance. To qualifY for this grant, the intern must be attending, or recently (within one year) graduated from, a college or university with an emphasis on airport/aviation management, operations, or a closely-related field and unrelated to any member of the airport management or authority. All applications are reviewed by the Foundation Board of Directors. Selections are made on a non-discriminatory basis. The Selection Committee met in April of 2006 and, based on the application submitted by Marco Island Executive Airport, is offering a $5,000 Grant to Collier County Airport Authority. 1. Duties of Foundation The Foundation agrees to provide funding in the amount of $5,000 to Recipient to employ an intern at Marco Island Executive Airport for the summer of 2007. This grant shall be used to pay the intern a salary and to provide housing and/or cover transportation expenses during the internship. The grant will be issued to the Collier County Airport Authority, and not directly to the student. The Foundation is not responsible for supervision of intern and the intern is not an employee of the Florida Airports Councilor the Foundation. 2. Duties of RedDient The Recipient recognizes that in addition to providing staff assistance for the airport, the purpose of the grant is to provide on-the-job experience for the student. The Recipient is responsible for providing direct supervision of the intern at all times. The Recipient will provide a financial report at the end of the Internship on how grant funds were expended. Any grant funds not expended must be returned to the Foundation for re-allocation to other/future internships. .--. . (. , ,., i',-,- . f' J Ui.J'J The Recipient will require the intern to write a paper at the end of the internship period, detailing work assigned, work accomplished, details of the internship, and any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after the internship has been completed. FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. COLLIER COUNTY AIRPORT AUTHORITY Jerry L. Allen, AAE, President (C(;rpo Theresa Cook, Executive Director Date: Date: June II. 2007 >)- >}- >}- Executed this ~ day of ,) U 1\ rL- .,2001 ATTEST DWIGHt E. 'BROCK. Clerk ~~~l~~L .. ,,\.~t~.'CI~k,':"'i !'/{,iI', , )lvn.lt...~ "11. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA t{~~ Jim Coletta, airman Approved as to form and legal sufficiency ~ .U~ Tom Palmer, As istant County Attorney . ~ ~ "'VU:T FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. INTERNSHIP GRANT AGREEMENT FOR MARCO ISLAND EXECUTIVE AIRPORT No. 07-07 This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida Airports Council Education Foundation (Foundation), 250 John Knox Road, Suite 2, Tallahassee, FL 32303 and the Collier County Airport Authority (the Recipient) owner of Marco Island Executive Airport. Recitals The Florida Airports Council Education Foundation (the Foundation), a 501 C (3) Not-For-Profit subsidiary of the Florida Airports Council, issues Internship Grants to F AC-member airports to help provide work experience for students interested in pursuing careers in airport management. Grants in amounts of up to $5,000 are awarded to airports that demonstrate a desire to employ and supervise an intern and in need of financial assistance. To qualify for this grant, the intern must be attending, or recently (within one year) graduated from, a college or university with an emphasis on airport/aviation management, operations, or a closely-related field and unrelated to any member of the airport management or authority. All applications are reviewed by the Foundation Board of Directors. Selections are made on a non-discriminatory basis. The Selection Committee met in April of 2006 and, based on the application submitted by Marco Island Executive Airport, is offering a $5,000 Grant to Collier County Airport Authority. 1. Duties of Foundation The Foundation agrees to provide funding in the amount of $5,000 to Recipient to employ an intern at Marco Island Executive Airport for the summer of 2007. This grant shall be used to pay the intern a salary and to provide housing and/or cover transportation expenses during the internship. The grant will be issued to the Collier County Airport Authority, and not directly to the student. The Foundation is not responsible for supervision of intern and the intern is not an employee of the Florida Airports Councilor the Foundation. 2. Duties of ReciDient The Recipient recognizes that in addition to providing staff assistance for the airport, the purpose of the grant is to provide on-the-job experience for the student. The Recipient is responsible for providing direct supervision of the intern at all times. The Recipient will provide a financial report at the end of the Internship on how grant funds were expended. Any grant funds not expended must be returned to the Foundation for re-allocation to other/future internships. ~ t.~ " The Recipient will require the intern to write a paper at the end of the internship period, detailing work assigned, work accomplished, details of the internship, and any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after the internship has been completed. FLORIDA AIRPORTS COUNCIL, EDUCATION FOUNDATION, INC. COLLIER COUNTY AIRPORT AUTHORITY Jerry 1. Allen, AAE, President Th~e~tive Director Date: Date: June 1 1, 2007 of- of- of- Executed this U day of .J Un L ., 200"? , ATTEST DWldllr ~.BROCK, Clerk ~~~k . Depllty'Clerk Attest 'a.s to Ch~lnnan s sjQn.~t:m't en]' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA d:dr# Approved as to form and legal sufficiency dJ:i, Ar0=~ttorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 G 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 # 1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the execntion of the Chainnan's sienature, draw a line through routing lines #1 through #4, cOffiolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. Sue Filson, Executive Manager Board of County Commissioners 2. Minutes and Records Clerk of Court's office 3. Theresa Cook Airport Authority 4. Jerry 1. Allen Florida Airports Council Education Foundation, Inc. 5. Theresa Cook Airport Authority 6. Minutes and Records Clerk of Courts PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Debra Brueggeman Phone Number 642-7878 (Ext. 34) Contact Collier County Airport Authority Agenda Date Item was June 12,2007 Agenda Item Number 16G6 Approved bv the BCC Type of Document Grant Agreement Number of Original Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placcd on the appropriate pages indicating where the Chairman's si mature and initials are re uired. 1n most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The doeument was approved by the BCC on (enter date) and all changes made during tbe meeting have been incorporated in the attached document. Tbe Connt Attorne 's Office has reviewed the chan es, if a licable. 2, 3. 4. 5. 6. Yes (Initial) N/A (Not A licable) )6 " ,-~ ])/j \:)'2 '-' ~)D N/A :\)8 'Dr) , t) 16G6 MEMORANDUM Date: June 13,2007 To: Debra Brueggeman, Airport Authority From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Grant Agreement Enclosed is one (1) original copy, as referenced above (Agenda Item #16G6) approved by the Board of County Commissioners on Tuesday, June 12,2007, Please forward a fully executed original copy to our office once all signatures are recieved . If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (1) FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. 16C6 INTERNSHIP GRANT AGREEMENT FOR IMMOKALEE REGIONAL AIRPORT No. 07-04 This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida Airports Council Edncation Foundation (Foundation), 250 John Knox Road, Suite 2, Tallahassee, FL 32303 and the Collier County Airport Authority (the Recipient) owner of Immokalee Regional Airport. Recitals The Florida Airports Council Education Foundation (the Foundation), a 50] C (3) Not-For-Profit subsidiary of the Florida Airports Council, issues Internship Grants to F AC-member airports to help provide work experience for students interested in pursuing careers in airport management. Grants in amounts of up to $5,000 are awarded to airports that demonstrate a desire to employ and supervise an intern and in need of financial assistance. To qualify for this grant, the intern must be attending, or recently (within one year) graduated from, a college or university with an emphasis on airport/aviation management, operations, or a closely-related field and unrelated to any member of the airport management or authority. All applications are reviewed by a selection committee consisting of members of the Florida Airports Council Board of Directors. Selections are made on a non-discriminatory basis. The Selection Committee met in April of 2006 and, based on the application submitted by Immokalee Regional Airport, is offering a $5,000 Grant to Collier County Airport Authority. 1. Duties of Foundation The Foundation agrees to provide funding in the amount of $5,000 to Recipient to employ an intern at Immokalee Regional Airport for the summer of 2007. This grant shall be used to pay the intern a salary and to provide housing and/or cover transportation expenses during the internship. The grant will be issued to the Collier County Airport Authority, and not directly to the student. The Foundation is not responsible for supervision of intern and the intern is not an employee of the Florida Airports Councilor the Foundation. 2. Duties of Recipient The Recipient recognizes that in addition to providing staff assistance for the airport, the purpose of the grant is to provide on-the-job experience for the student. The Recipient is responsible for providing direct supervision of the intern at all times. The Recipient will provide a financial report at the end of the Internship on how grant funds were expended. Any grant funds not expended must be returned to the Foundation for re-allocation to other/future internships. The Recipient will require the intern to write a paper at the end of the internship period, detailing work assigned, work accomplished, details of the internship, and any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after the internship has been completed. FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. COLLIER COUNTY AIRPORT AUTHORITY Jerry L. Allen, AAE, President ~~Q Theresa Cook, ExecutIve Director Date: Date: June 1 L 2007 + + + Executed this I d-- day of J L{ il ~ .,2001 ATTEST DWIGHT-E. B~OCK, Clerk ~~.~~~C\\c ~f/?~J~ler~c,,~ II"'ll4ll , s 1 Gn,Jt~r[l (1:1! w BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~(# Approved as to form and legal sufficiency '\ bw- pJ~ Tom Palmer, Assistant County Attorney r. ... ""6 "~~ FLORIDA AIRPORTS COUNCIL EDUCA TION FOUNDA TION, INC. INTERNSHIP GRANT AGREEMENT FOR IMMOKALEE REGIONAL AIRPORT No. 07-04 , This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida Airports Council Education Foundation (Foundation), 250 John Knox Road, Suite 2, Tallahassee, FL 32303 and the Collier County Airport Authority (the Recipient) owner of Immokalee Regional Airport. The Florida Airports Council Education Foundation (the Foundation), a 501 C (3) Not-For-Profit subsidiary of the Florida Airports Council, issues Internship Grants to F AC-member airports to help provide work experience for students interested in pursuing careers in airport management. Grants in amounts of up to $5,000 are awarded to airports that demonstrate a desire to employ and sUpervise an intern and in need of financial assistance. Recitals To qualify for this grant, the intern must be attending, or recently (within one year) graduated from, a College or university with an emphasis on airport/aviation management, operations, or a closely-related field and unrelated to any member of the airport management or authority. All applications are reviewed by a selection committee consisting of members of the Florida Airports Council Board of Directors. Selections are made on a non-discriminatory basis. The Selection Committee met in April of 2006 and, based on the application submitted by Immokalee Regional Airport, is offering a $5,000 Grant to Collier County Airport Authority. 1. Duties of Foundation The Foundation agrees to provide funding in the amount of $5,000 to Recipient to employ an intern at ImmokaJee Regional Airport for the summer of 2007. This grant shall be used to pay the intern a salary and to provide housing and/or COver transportation expenses during the internship. The grant will be issued to the Collier County Airport Authority, and not directly to the student. The Foundation is not responsible for supervision of intern and the intern is not an employee of the Florida Airports Councilor the Foundation. 2. Duties of Recipient The Recipient recognizes that in addition to providing staff assistance for the airport, the purpose of the grant is to provide on-the-job experience for the student. The Recipient is responsible for providing direct sUpervision of the intern at all times. The Recipient will provide a financial report at the end of the Internship on how grant funds were expended. Any grant funds not expended must be returned to the Foundation for re-allocation to other/future internships. r 16G The Recipient will require the intern to write a paper at the end of the internship period, detailing work assigned, work accomplished, details of the internship, and any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after the internship has been completed. FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. COLLIER COUNTY AIRPORT AUTHORITY Jerry L. Allen, AAE, President ~~ Theresa Cook, Executive Director Date: Date: June I L 2007 >)- >)- >)- Executed this ~ day of ')1..1 f\.1 ., 20~r ATTEST DWIGHT B: BROCK, Clerk ~:. .~ . . '.; ". "~.' ~:.~t{f-~ k At~~CWl{;ha I nll4Il , sjQn~tureonl' BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~ . Coletta, Chairman Approved as to form and legal sufficiency To,,^ ffi~ Tom Palmer; A slstant County Attorney ~' "1 I ,-..::; \.J FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. INTERNSHIP GRANT AGREEMENT FOR IMMOKALEE REGIONAL AIRPORT No, 07-04 This Internship Grant Agreement (Agreement) is entered into between the Parties, consisting of Florida Airports Council Education Foundation (Foundation), 250 John Knox Road, Suite 2, Tallahassee, FL 32303 and the Collier County Airport Authority (the Recipient) owner of Immokalee Regional Airport. Recitals The Florida Airports Council Education Foundation (the Foundation), a 501 C (3) Not-For-Profit subsidiary of the Florida Airports Council, issues Internship Grants to F AC-member airports to help provide work experience for students interested in pursuing careers in airport management. Grants in amounts of up to $5,000 are awarded to airports that demonstrate a desire to employ and supervise an intern and in need of financial assistance. To quality for this grant, the intern must be attending, or recently (within one year) graduated from, a college or university with an emphasis on airport/aviation management, operations, or a closely-related field and unrelated to any member of the airport management or authority. All applications are reviewed by a selection committee consisting of members of the Florida Airports Council Board of Directors. Selections are made on a non-discriminatory basis. The Selection Committee met in April of 2006 and, based on the application submitted by Immokalee Regional Airport, is offering a $5,000 Grant to Collier County Airport Authority. 1. Duties of Foundation The Foundation agrees to provide funding in the amount of $5,000 to Recipient to employ an intern at Immokalee Regional Airport for the summer of 2007. This grant shall be used to pay the intern a salary and to provide housing and/or cover transportation expenses during the internship. The grant will be issued to the Collier County Airport Authority, and not directly to the student. The Foundation is not responsible for supervision of intern and the intern is not an employee of the Florida Airports Councilor the Foundation. 2. Duties of ReciDient The Recipient recognizes that in addition to providing staff assistance for the airport, the purpose of the grant is to provide on-the-job experience for the student. The Recipient is responsible for providing direct supervision of the intern at all times. The Recipient will provide a financial report at the end of the Internship on how grant funds were expended. Any grant funds not expended must be returned to the Foundation for re-allocation to other/future internships. 16G The Recipient will require the intern to write a paper at the end of the internship period, detailing work assigned, work accomplished, details of the internship, and any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after the internship has been completed. FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. COLLIER COUNTY AIRPORT AUTHORITY Jerry L. Allen, AAE, President e2:oQ Theresa Cook, Executive Director Date: Date: June I L 2007 + + + Executed this / ~ day of J Ul /l-6 .,2001 ATTEST DWIGH;TE. J3ROCK, Clerk ~~~Sl6 ~ De]Juty,Clerk ~ttest ~~ to {halrtl4ll , slQ1iatil"":e Nd y BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA {i~~ { im Coletta, Chairman Approved as to form and legal sufficiency do 0\. Pr/k - Tom Palmer, Assistant County Attorney -- - 16G6 Th'''m""",p G'M<Ag~,." (A"""mM'H, M",," 'm, '-~" . . . "'P',," Coo". ",~.., F"'d,,,,,, (Fo,'d"",) ''0 "" K:' ~ ''::'t' .~'''''mg "Fm,,,,. 32303 and the COl/jer Couuty Airport Authority (th R . n ) ox oa, UUe 2, TaIlahassee, FL "'P,rt. , ~'P"" 'w'" 'f '"",..... ''''''''' Becit'ili n" f""d. Ar,p,," C,,,,,, ""~'" f,,,,,,,,, (0, Fm."" ) "b.,,,,,,, 'f 0, fl",,, Ar"",", C".'., '.,", """m'p G"",,::: F~dO; ~ (3) Nm""^p~6' pm"" w,~ ~""'~~ f"""",," 'm,,,",,, i. P''''''g '''~" '. '"po" m m " ""i; fu ;"'p 'moo", ,f 'p " ",0'" '" 'w,,,,, fu.i '," Om d,.,,," , . """gO',." m.,,", ""m '" i. '~d ,f 6"~;".",,,,.~. 'P . , , d;,,,,, " 'mpl.y "'cd "'P'''''' "" FLOEUnA AfRPORTS COVNCfL IlDUCA. T10N FOUNDA. TrON, INc, INTERNSIIIP GRA.NT A.GR.EEMENT FOR. II\fI\fOl<ALEE REGIONAL A.""'ORT No. 07-04 '::,;;,oJ;~,,::;;~;~;~ ::' ;:;:;,:':: :: ':';;;"" m ""'~Iy (wiOi. .,~ ""'J gmd,,,,,, finm, , field and unrelated to any member of the al'rpOrprt aVlatlOn managemh ent, OperatlOns, Or a CloselY-related management Or aut onty AIl appJ' t' . Sbyl. ~"~O,, "mmi"" ~"i"'.g ,f '''mbo" ,f ., FI'ri', Ar",,,; C,,,,,. '~;:;' ':';;~':"'" ' ""m" .m m'd, " · """""'im,,,,,,, bo,j, , '"" '" Tb, S"""i" C'mmi... m. i. AM' 'f '''16"", bo,.,,, 0 r r . "',i"oJ Ai'P'n "'flOri.,. "."'0 Gmm" C'l/J:, C"'1y .,;;:,: ~~,;:';;:;:mm., by,,,,,,,,,,,,, 1. Quties of FOUlJdati~ Th, P,.""",,,,- "pro,,,,, "'.".", ., '"''''"' '''''''0, R '. . " '''''''k'''~ R'g;%., A "Po" '" 0, "roro~ "f2"'7 17,i, ;"" ;;, ,,';,'P"'~', 'ropl'y ~ "'''' .~~~ ~d " :;""", '''",i" ~",' ~,~ ""'PoN.,,% """~' d';'" :':;':,':':,:;:r, ";;::~;;:,: ' '. '''~ "'" C'''''' C''''''y A,,,,,," Am,,,,," "cd %, di"",,, fu 0 . tlollnddaAt'% " .m "'P""""" "''''''''''''% 'f ""ro "'" ., ;'"'' " ,~ '" '~';::::':f ;:.~ on a "POrts Councll Or the Foundation. 2. Quties of Reciuielll - Th, """p;,,, ='''''~, 'bo, " oddi"" '" '''''''''g ".ff ""',.,~ foe 0, "",," . f ., ''Om " fu pm,,,,, "-O'j'b ""'ri~~ foe ., '''''d'nt Th R '. .' e purpose 0 'd' d . . . . , ~" ,~, " ""'%""" ,,, ,m" "'g ,~" """,""''' 'f., ""m " '" "ro" '(h, "'" """ WI" pm,,, " . , 'bo ~, 'f ., "'=<'hip % how gm" ''''d, %" ';",.,.,. Aoy geM' ,"',,: .~ ',;'::~: mPoH" ""m"" " 0, '''''''''''i,,, !h, ro''''~'''' '" ""'''If"" """""'" " ""'" b, - The Recipient will require the intern to write a paper at the end of the internship period, detailing work assigned, work accomplished, details of the internship, and any recommendations on how to improve the program in the future. A copy of this paper shall be provided to the Foundation no later than 30 days after the internship has been completed. FLORIDA AIRPORTS COUNCIL EDUCATION FOUNDATION, INC. COLLIER COUNTY AIRPORT AUTHORITY Jerry 1. Allen, AAE, President ~o Theresa Cook, Executive Director Date: Date: June I L 2007 + + + Executed this I;) day ofJ utJ\ e... .,2001 ,-/ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA . ~" .., . . ATTEST . I)WIGHT E. BROCK, Clerk ~~~ - . Depl/ty Clerk Attest as cO C~al~n s Signature 001. H~U 'Jim Coletta, Chairman Approved as to form and legal sufficiency -1I~ PJ~ Tom Palmer, Assistant County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 G? TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be h,md delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the exccDtion of the Chairman's signature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson line#5t Route to Addressee(s) Office Initials Date (List in routine: order) I. Sue Filson, Executive Manager Board of County Commissioners 2. Minutes and Records Clerk of Court's office 3. 4. 5. 6. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing thc Bee Chairman's signature are to he delivered to the HCC office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Agenda Item Number Phone Number Grant Agreement -14, Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages rrom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BeC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 642-7878 (Ex!. 34) 16G7 Yes N/A (Not (Initial) A licable) Vj~ D0 N/A \~ \)0 \)EJ t>(? 16G? MEMORANDUM Date: June 13,2007 To: Debra Brueggeman, Airport Authority From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Resolution 2007-146 Enclosed is one (1) certified copy, as referenced above (Agenda Item #16G7) approved by the Board of County Commissioners on Tuesday, June 12, 2007. The Minutes & Records Department has retained the original. If you should have any questions, you may contact me at 774-8411. Thank you, Enclosures (I) 16G7 RESOLUTION NO. 2007 - 146 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FINDING THAT THIS BOARD IS AUTHORIZED BY SECTION 125.38, FLORIDA STATUTES, TO SUB-LEASE TO THE FLORIDA ARMY NATIONAL GUARD, A TWENTY-FIVE (25) ACRE PARCEL OF LAND, MORE OR LESS, AT THE IMMOKALEE AIRPORT FOR A TERM OF TWENTY-FIVE (25) YEARS AT NOMINAL RENT; THAT SUCH USE BY THE NATIONAL GUARD WILL SERVE A PUBLIC OR COMMUNITY INTEREST AND WELFARE; THAT THIS LAND IS NOT NEEDED FOR COUNTY PURPOSES; THAT THE PURPOSE FOR WHICH THE LAND IS TO BE SUB- LEASED IS FOR THE NATIONAL GUARD TO CONSTRUCT AND OPERATE ITS READINESS CENTER (ARMORY); ALSO TO AUTHORIZE THE AUTHORITY'S EXECUTIVE DIRECTOR TO NEGOTIATE, AND BRING BACK TO THE BOARD FOR ITS APPROVAL, THE AGREED-UPON SUB-LEASE; ALSO, ALTHOUGH THE NATIONAL GUARD SHALL PAY ONLY A NOMINAL RENT, ALL FAIR MARKET VAULE RENT SHALL BE IMPUTED TO THE NATIONAL GUARD AND THE IMPUTED RENT SHALL BE WAIVED FROM THE MONEY LOANED BY THE BOARD TO THE AIRPORT AUTHORITY TO OPERATE THE IMMOKALLE AIRPORT. WHEREAS, the Florida Army National Guard (National Guard) has requested to sub-lease a twenty-five (25) acre parcel of land, more or less, at the Immokalee Regional Airport (Airport) under a nominal rent sub-lease agreement because its appropriated funding does not allow payment of more than nominal rent; and WHEREAS, The Collier County Airport Authority (Authority) is recommending that this Board authorize the Authority's Executive Director to negotiate, and bring back to the Board for its approval, an agreed-upon 25-year sub-lease agreement with National Guard for a twenty-five (25) acre parcel of land, more or less, at the Immokalee Regional Airport whereon the National Guard will promise in the sub-lease agreement to construct its Readiness Center (National Guard Armory); and WHEREAS, Section 125.38, Florida Statutes, reads in relevant part: If ... the state [of Florida) or any political subdivision or agency thereof, .. .should desire any real.... property that may be owned by any county of this state or by its board of county commissioners, for public or community interest and welfare, then the ... state or such political subdivision [or] agency... may apply to the board of county commissioners for a conveyance or lease of such property. Such board, if satisfied that such property is required for such use and is not needed for county purposes, may thereupon conveyor lease the same at private sale to the applicant for such price, whether nominal or otherwise, as such board may fix, regardless of the actual value of such property. The fact of such application being made, the purpose for which such property is to be used, and the price or rent therefor shall be set out in a resolution duly adopted by such board. In case of a lease, the term of such lease shall be recited in such resolution. No advertisement shall be required; and WHEREAS, the National Guard consists of members of the Army Militia within the Florida Department of Military Affairs created by Section 250.05, Florida Statutes, as an agency of Florida's government; and WHEREAS, the envisioned twenty-five (25) acre parcel of land is not being sought after as a sub-leased parcel by any other prospective tenant, is not needed for any county purpose and is required by the National Guard to construct and operate its Armory; and WHEREAS, it is anticipated that the activities and operations that will be created by the presence of the National Guard Armory on this 25-acre parcel of land at the Immokalee Airport will have many positive and beneficial impacts to the Airport, to the community of Immokalee, and to Collier County by creating recruiting, education and training support positions and by bringing to the community an Army unit that operates some of the most advanced military equipment in support of federal missions. Additionally, it will bring Soldiers postured to respond to the Governor's call to State Active Duty in response to emergencies or natural disasters to Collier County, which could include aviation related activities such as aircraft transport rescue and evacuation missions and readiness operations, including hurricane preparedness and supply delivery by aircraft; and 16G7 WHEREAS, notwithstanding Section 125.38, Florida Statutes, this proposed sub-lease land agreement is subject to approval from the Federal Aviation Administration (FAA); and WHEREAS, FAA regulations require that the Airport Authority receive fair market value (FMV) rent for this sub-leased acreage; and WHEREAS, the BCC loans money to the Authority to enable it to operate the Airport; and WHEREAS, when it becomes financially able to do so, the Authority must repay the loaned money back to the BCC. After the loaned money is repaid to the BCC, the Authority may keep its retained earrings (profits) to operate the Airport. Therefore, to the extent that such loan balance is waived by the BCC, the earlier in time the Authority will be able to keep its profits and expend those profits at the Airport. To accomplish this end result it is recommended that the BCC waive the Authority's debt to the BCC by only the FMV rents that are to be imputed to the National Guard each sub-lease year in lieu of those rent payments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. That the Florida Army National Guard consists of members of the Army Militia and is within the Florida Department of Military Affairs created by Section 250.05, Florida Statutes, as an agency of Florida's government eligible to sub-lease the subject land at nominal rent; (Compare Florida AGO 081-11). 2. The purpose of the agreement is to sub-lease to the National Guard a twenty-five (25) acre parcel of land, more or less, at the Immokalee Airport for a term of twenty-five (25) years at nominal rent, and upon said land the National Guard shall construct and operate its Readiness Center (Armory). 3. That use by the National Guard to construct and operate its Armory on the subject land will serve a public or community interest and welfare; and this parcel of land is not needed for county purposes. 4. That the Authority's Executive Director is authorized to negotiate, and bring back to this Board for its approval, the agreed-upon 25-year sub-lease agreement. 5. That the BCC, subject to approval from the Federal Aviation Administration of the proposed sub-lease agreement, shall waive the Authority's debt repayable to the BCC by the fair market value rents that, but for Section 125.38, Florida Statutes, would be payable from the National Guard, all of which rent shall be imputed to the National Guard each sub-lease year in lieu of payment of such rent. This Resolution is adopted after motion, second and majority vote favoring adoption this j ~ day of June 2007. ATTEST Dwig~t 6,;~Qck, Clerk ~~~L - Deputy ~1~lrMA , At~t.~;.- ." S1gnat,u... 0111.- Approved as)\o form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLI::CO~ Ja s Coletta, Chairman By: dOW\ OJ~ Thomas C. Palmer, Assistant County Attorney Item# Lft-'1 Agenda " /, , J.r1 Oat8 .~..,- Da'e W-A-. ~ 16H3 PROCLAMA TION WHEREAS, the Clean Beaches Council, as part of Great Outdoors Month, has designated the week beginning June 29, 2007 as National Clean Beaches Week: and, WHEREAS, beaches represent a critical part of our natural heritage and a beautiful part of the American landscape: and, WHEREAS, beaches are sensitive ecosystems, susceptible to degradation and alteration from pollution, sea level rise, natural forces, untreated sewage, and improper use: and, WHEREAS, communities and government have undertaken significant measures to keep beaches clean and healthy: and, WHEREAS, Americans make oVt!r 2 billion annual trips to the ocean, gulf, and inland beaches and contribute significant resources to the local, state and national economies: and, WHEREAS, 75% of all recreational activity occurs within a half mile corridor around the shorelines of our beaches, rivers, and lakes: and, WHEREAS, coastal tourism and healthy, fresh seafood fuels robust economies, sustaining communities and supporting jobs along the coastal V. S. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that June 29 to July 5, 2007 be designated as NA TIONAL CLEAN BEACHES WEEK and encourage all Collier County residents to visit, enjoy, and protect our greatest natural resource. DONE AND ORDERED THIS J 2th Day of June, 2007. ATTEST: '7 --- -~._--~._..~. -, _._.._---_.._.~-_._....,,-~~ -----_.--- 1611;' BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 12, 2007 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: (1) Ave Maria Stewardship Community District: Proposed Budget FY 2007 - 2008. (2) Quarry Community Development District: Minutes of November 7, 2006. (3) Cow Slouqh Water Control District: Annual Financial Report FY 2006. B. Minutes: (1) Haldeman Creek Maintenance Dredqinq M.S.T.U. Advisory Committee: Agenda for April 26, 2007; Minutes of March 29,2007. (2) Bayshore Beautification M.S.T.U. Advisory Committee: Minutes of March 21,2007; Agenda for May 9,2007; Budget FY 2008. (3) Immokalee Beautification M.S.T.U. Advisory Committee: Agenda for April 25, 2007; Minutes of March 28, 2007; Budget FY 2008. (4) Domestic Animal Services Advisory Committee: Minutes of March 20, 2007; Minutes of April 17, 2007. (5) Golden Gate M.S.T.U. Advisory Committee: Minutes of March 26, 2007 Special Meeting; Budget FY 2008. (6) Collier County Library Advisory Board: Agenda for April 25, 2007; Minutes of March 21,2007. H:\D^ ";\\FRONT DESK - 2007\2007 Miscellaneous Correspondence\061207_misc_corr.doc 16/ 1 ~ ., .... (7) Collier County Historic and Archaeoloaical Preservation Board: Agenda for May 2, 2007. (8) Emeraency Medical Services Advisorv Council: Minutes of April 25, 2007. (9) Collier County Plannina Commission: Revised Agenda for May 3, 2007. (10) Collier County Public Vehicle Advisory Committee: Agenda for May 7, 2007. (11) Forest Lakes Roadway and Drainaae M.S.T.U. Advisory Committee: Agenda for May 9, 2007; Minutes of April 11 , 2007. (12) Lely Golf Estates Beautification M.S.T.U. Advisory Committee: Agenda for May 17, 2007; Minutes of April 19, 2007. , DATA \FRONT DESK - 2007\2007 Miscellaneous Correspondence\061207 _misc_corr.doc 1611 A . ! 1 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Derek Johnssen, General Accountin9 Manager Clerk of the Circuit Court/Finance Department DATE: RE: May 4, 2007 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Ava Maria Stewardship Community District Ava Maria Stewardship Community District has submitted the following items: a. Proposed Budget Fiscal Year 2007/2008 (Oct 1, 2007 - Sept 30, 2008). Thank you \special\special / V Mise C "E" Date_ ~ l,~l~ Item #.lln'IJftL COPIe, AVE MARIA STEWARDSHIP COMMUNITY DISTRICT c/o Special District Services, Inc. 2501 Bums Road, Suite A Palm Beach Gardens, Florida 33410 (561) 630-4922 Fax: (561) 630-4923 16r1 A 1 April 25, 2007 ~PR 2 7 2001 Clerk of Circuit Court Dwight E. Brock Collier County Courthouse 3301 E. Tamiami Trail, Building "L", 6th Floor Naples. FL 34112 RE: Ave Maria Stewardship Community District To Whom It May Concern: Pursuant to Florida Law, enclosed please find a copy of the following for the above mentioned COD: 1.) Proposed Budget Fiscal Year 2007/2008 (Oct. I, 2007 - Sept. 30,2008) Should you hav,~ any questions and/or comments, please do not hesitate to contact us. Sincerely, SPECIAL DISTRICT SERVICl":S, lNc.\ Enclosure 1 6 11 A;~ 1 Ave Maria Stewardship Community District Proposed Budget For Fiscal Year 2007/2008 October 1, 2007 - September 30, 2008 CONTENTS 16/1 A 1 PROPOSED OPERATING FUND BUDGET II PROPOSED DEBT SERVICE FUND BUDGET III DETAILED PROPOSED OPERATING FUND BUDGET IV DETAILED PROPOSED DEBT SERVICE FUND BUDGET V PROPOSED MAINTENANCE BUDGET AMS Proposed Budget Contents 2007-2008 4/24/2007 2:08 PM PROPOSED BUDGET AVE MARIA STEWARDSHIP COMMUNITY DISTRICT OPERATING FUND FISCAL YEAR 2007/2008 October 1, 2007 - September 30,2008 1611 A 1 FISCAL YEAR 2007/2008 CODE # REVENUES ANNUAL BUDGET 363.100 ADMINISTRATIVE ASSESSMENTS 213.189 363.101 MAINTENANCE ASSESSMENTS 2,412,080 363.810 DEBT ASSESSMENTS 0 366.000 DEVELOPER CONTRIBUTION 0 369.400 OTHER REVENUES 0 TOTAL REVENUES $ 2,625,269 EXPENDITURES ADMINISTRATIVE EXPENDITURES 511.131 SUPERVISORS FEES 12,000 511.310 ENGINEERING 20,000 511.311 MANAGEMENT 49.200 511.312 SECRETARIAL 4,500 511.315 LEGAL 40,000 511.318 ASSESSMENT ROLL 15,000 511.320 AUDIT FEES 7.000 511.330 ARBITRAGE REBATE FEE 2,500 511.441 TRAVEL & LODGING 2,500 511.450 INSURANCE 7,500 511.480 LEGAL ADVERTISING 5,000 511.512 MISCELLANEOUS 5,000 511.513 POSTAGE 1,000 511.514 OFFICE SUPPLIES 1,500 511.540 DUES LICENSE, & SUBSCRIPTIONS 1,000 511.550 MISCELLANEOUS FILINGS, NOTICES, ETC. 5,000 511.551 WEBSITE HOSTING FEES 1,500 511.733 TRUSTEE FEES 12,000 511.734 CONTINUING DISCLOSURE FEE 5,000 TOTAL ADMINISTRATIVE EXPENDITURES $ 197,200 MAINTENANCE EXPENDITURES 511.301 MAINTENANCE 2.206,174 511.306 MAl NTENANCE/INSPECTIONS 25,000 TOTAL MAINTENANCE EXPENDITURES $ 2,231,174 TOTAL EXPENDITURES $ 2,428,374 EXCESS OR (SHORTFALL) $ 196,895 363.820 PAYMENT TO TRUSTEE 0 BALANCE $ 196,895 363.830 COUNTY APPRAISER & TAX COLLECTOR FEE 191,950\ 363.831 DISCOUNTS FOR EARLY PAYMENTS 1104.945\ NET EXCESS/SHORTFALL $ - Avo MIl"" SI.....'~ohIp AAlSBudgola AMSBudQoIJ;2007_2OOe A~SPfopoMOllud\IOl200T-2OOIl AMSOpo,oIinyF_II~":!OO7-2008 !,,- 4r.14120072:00PM PROPOSED BUDGET AVE MARIA STEWARDSHIP DEVELOPMENT DISTRICT DEBT SERVICE FUND FISCAL YEAR 2007/2008 October 1,2007 - September 3D, 2008 16/1 A 1 FISCAL YEAR 2007/2008 CODE # REVENUES ANNUAL BUDGET 310.000 Interest Income lBond) 68,000 310.001 Interest Income (BAB) 25,000 325.000 NAV Tax Collection 0 Total Revenues $ 93,000 EXPENDITURES 510.000 PrinciDal Pavments (Bond) 0 510.001 PrinciDal Pavments (BAB) 0 515.000 Interest Pavments (Bond) 1,345.056 515.001 Interest Pavments (BAB) 1,258,560 Total EXDenditures $ 2,603,616 Excess/Shortfall $ (2,510,616) 325.001 CaDitalized Interest CarrYover (Bond) 1,277,056 325.002 Caoitalized Interest CarrYover (BAB) 1,233,560 Net Excess/Shortfall $ - -~.,,, .....5 Elu~i'" """'Su<Ig"'2001_100a "",SPropo...SUOiel,OO'.2001,l AAlSO.b\5,,,,,,,Su'on200'-2008 4/2<flOO7,.OBf'M PROPOSED BUDGET AVE MARIA STEWARDSHIP COMMUNITY DISTRICT OPERATING FUND FISCAL YEAR 200712008 October 1, 2007 - September 30, 2008 16f'1 A 1 FISCAL YEAR FISCAL YEAR FISCAL YEAR 2005/2006 2006/2007 2007/2008 CODE # REVENUES ACTUAL ANNUAL BUDGET ANNUAL BUDGET COMMENTS 363.100 ADMINISTRATIVE ASSESSMENTS 0 0 213,189 Exnenditures/.925 363.101 MAINTENANCE ASSESSMENTS 0 0 2,412,080 Exnenditures/.925 363.810 DEBT ASSESSMENTS 0 0 o Canitalized Interest Set~Un Throunh November 2008 366.000 DEVELOPER CONTRIBUTION 259043 210185 0 369.400 OTHER REVENUES 0 0 0 TOTAL REVENUES $ 259 043 $ 210186 . 2 626 269 EXPENDITURES ADMINISTRATIVE EXPENDITURES 511.131 SUPERVISORS FEES 7000 6000 12000 Increase Of $6 000 From 2006-2007 Budaet 511.310 ENGINEERING 139974 74185 20 000 Administrative Ennineerinn 511.311 MANAGEMENT 48000 48000 49200 Includes Inflation Increase 'Based On Consumer Price Index) 511.312 SECRETARIAL 4500 4500 4500 $375 Per Month 511.315 LEGAL 42610 20000 40000 Increase Of $20 000 From 2006-2007 Budoet 511.318 ASSESSMENT ROLL 0 10000 15000 As Per First Amendment To Mananement Aareement 511.320 AUDIT FEES 3500 4500 7000 $2500 Increase From 2006-2007 Budaet !Due To Bond Issue) 511.330 ARBITRAGE REBATE FEE 0 0 2500 First Year Of Ex"enditure 511.441 TRAVEL & LODGING 1 789 2 500 2 500 No Channe From 2006-2007 Budnet 511.450 INSURANCE 4000 4000 7500 $3 500 Increase From 2006-2007 Budaet 511.480 LEGAL ADVERTISING 3155 10000 5000 $5000 Decrease From 2006-2007 Budaet 511.512 MISCELLANEOUS 253 2000 5000 $3000 Increase From 2006-2007 Budoet 511.513 POSTAGE 696 1000 1000 No Chanae From 2006-2007 Budnet 511.514 OFFICE SUPPLIES 1539 1000 1500 Increase Of $500 From 2006-2007 Budnet 511.540 DUES LICENSE & SUBSCRIPTIONS 750 2000 1000 No Channe From 2006-2007 Budnet 511.550 MISCELLANEOUS FILINGS NOTICES ETC 0 5000 5000 No Channe From 2006-2007 8udnet 511.551 WEBSITE HOSTING FEES 1277 500 1500 Increase Of $1 000 From 2006-2007 Budoet 511.733 TRUSTEE FEES 0 0 12000 First Year Of Ex"enditure 511.734 CONTINUING DISCLOSURE FEE 0 0 5 000 Praner Fee Is $5 000 TOTAL ADMINISTRATIVE EXPENDITURES $ 259 043 $ 195185 . 197200 MAINTENANCE EXPENDITURES 511.301 MAINTENANCE 0 0 2206174 For Maintenance - See Detail On Pane 5 511.309 ENGINEERS REPORT 0 15000 o 2006-2007 Ex"enditure 511.306 MAINTENANCE/INSPECTIONS 0 0 25000 Maintenance/ Ex"enseflns"ections TOTAL MAINTENANCE EXPENDITURES $ - S 16000 $ 2231174 TOTAL EXPENDITURES . 269 043 . 210186 $ 2428374 EXCESS OR ISHORTFALl' . , . . 196 895 363.820 PAYMENT TO TRUSTEE 0 0 o No Pavment To Trustee In 2008 Due to Canitalized Interest BALANCE . , . $ 196 895 363.830 COUNTY APPRAISER & TAX COLLECTOR FEE 0 0 191950 Three And One Half Percent OrTOIal Tax Roll '2% Prop Appraiser.l.5% TaxCollectorl 363.831 DISCOUNTS FOR EARLY PAYMENTS 0 0 (104945 Four Percent Of Total Tax Roll NET EXCESS/SHORTFALL . - . . - A...M1r11S_ohlp AMS8Lldgoto AMS8Lldgoto2007-2006 AMSP,~BY<lgOl:!OO7-2OlI8 AMSOpoo-otinllFundBudgol2007.2OO!l 412412OO72:08PM PROPOSED BUDGET AVE MARIA STEWARDSHIP DEVELOPMENT OISTRICT DEBT SERVICE FUND FISCAL YEAR 200712008 October 1, 2007 . September 30, 2008 19.1l , A 1 FISCAL YEAR 2007/2008 CODE # REVENUES ANNUAL BUDGET COMMENTS 310.000 Interest Income (Bond) 68 000 Proiected Interest For FY 2007/2008 310.001 Interest Income (BAS' 25,000 Proiected Interest For FY 2007/2008 325.000 NAV Tax Collection o Caoitalized Interest Set-Un Throuah November 2008 Total Revenues $ 93 000 EXPENDITURES 510.000 Princinal Pa"ments (Bond) o No Princinal Payment Due In 2008 510.001 Princioal Pa"ments (BAS) o No Princi al Payment Due In 2008 515.000 Interest Payments (Bond) 1 345,056 Interest Payments Due In 2008 515.001 Interest Pa"ments 'BAS) 1 258,560 Interest Payments Due In 2008 Total Exnenditures $ 2603616 Excess/Shortfall $ /2510616 325.001 Canjtalized Interest Carryover (Bond) 1 277 ,056 Canitalized Interest Set.Uo Throuah November 2008 325.002 Caoitalized Interest Carrvover (BAS) 1 ,233 560 Caoitalized Interest Set.Uo Throuah November 2008 Net Excess/Shortfall $ - ""..."" ....SBudi... AAlSB""....:lil07_1OO8 AAlSP"~,,,;~;"'7001_'OO' J,MSo.trtSOMC,Su<>o,,1007.:lilD. .tj,mO'IO"PM PROPOSED BUDGET AVE MARIA STEWARDSHIP COMMUNITY DISTRICT MAINTENANCE FISCAL YEAR 2007/2008 October 1, 2007 . September 30, 2008 1611 ~ 1 FISCAL YEAR 2007/2008 ANNUAL BUDGET MAINTENANCE EXPENDITURES ELECTRIC (STREETLIGHTS, LANDSCAPE) 161,000 STREET SWEEPING 12,000 STRIPING & TRAFFIC MARKINGS 0 STREET LIGHT MAINTENANCE 50,000 SIDEWALK / CURB REPAIRS 0 LANDSCAPE MAINTENANCE (ROADWAY ENTRIES': MAINTENANCE CONTRACTS 792,274 TREE TRIMMING 15.000 PLANT REPLACEMENT 75 000 LANDSCAPE MAINTENANCE TOTAL 882 274 MISC. UTILITIES 10,000 IRRIGATION WATER 120,000 FOUNTAIN MAINTENANCE 38.000 RODENT CONTROL 10.000 EQUIPMENT REPAIR 7,500 SIGNAGE REPAIR 10,000 STORM DRAIN CLEANING 10.000 DRAINAGE I LAKE MAINTENANCE/ LITTORALS 76,400 AERATORS 11,000 AQUA TiC REPLACEMENTS 15,000 PRESERVE MAINTENANCE 80,000 TAXES & LICENSES 1,000 INSURANCE 40,000 SMALL TOOLS 2.000 MISC. REPAIRS 4,000 VEHICLE LEASE / FUEL / REPAIRS (MAINT TECH' 20,000 MOSQUITO CONTROL 130.000 FISH STOCKING 5,500 TEMP EMS/FIRE FACILITY OPERATING COSTS 36,000 ADMINISTRATIVE SUPPLIES 20,000 OFFICE LEASE 27.500 OFFICE UTILITIES 15,000 MAINTENANCE TECHNICIANS 72.000 BASE MANAGEMENT FEE 50,000 ADMIN PAYROLL 110000 TOTAL MAINTENANCE EXPENDITURES $ 2,026,174 RESERVE FUND 180,000 TOTAL $ 2,206,174 ",.",MarioS_dllllp AMSe...lgoIa AMS!Iullgot02007-:lOQll AMSP~BoojgOt2007-;ma AMSMoInt......-.coBudgol2007-ZOOII 4124f20072:00PM TO: FROM: DATE: RE: ~.,...,. 1611 A . ".:', , ,:,r3- MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # Sue Filson, Executive Manager Board of County Commissioners Derek Johnssen, General Accountin9 Manager Clerk of the Circuit Court/Finance Department May 2, 2007 Miscellaneous Correspondence - BCC Agenda Please place the following item on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. Thank you "\special\special Quarry Community Develooment District Quarry Community Development District has submitted the followin9 items: a. Minutes of the Landowner's Meeting held November 7, 2006. Mise Corr s. Date tv D-kr ltem#_l!QS L~l-_ 11 ~ 16f1 A g. DEVELOPMENT PLANNING & FINANCING GROUP, INC. SOUTHEAST FLORIDA OFFICE 6810 LYONS TECHNOLOGY CIRCLE SUITE 150 COCONUT CREEK, FL 33073 TEL (954) 426-3250 ~DPFG www.dpfg.com DATE: April 26, 2007 APR 3 0 2007 Mike McLeod Centex Homes 5801 Pelican Bay Boulevard Suite 600, Florida 34108 MEMO TO: RE: QUARRY COMMUNITY DEVELOPMENT DISTRICT Minutes of the Landowner's Meeting Held November 7, 2006 FROM: Terri Stolzenberg Associate Enclosed is a copy of the minutes of the Landowner's meeting of the Quarry Community Development District which are to be kept on file for public access during normal business hours. APRI 0 2007 :ts Enc. Cc: For Informational Purposes only: Clerk of The Circuit Court Finance Dept. c/o Ms. Crystal Kinzel Director of Finance and Accounting 2671 Airport Road, Naples, FL 34112-3016 James Mudd, Collier County Mgr. 3301 East Tamiami Trail Administrative Building, 2nd Floor Naples, FL 34112 ORANGE COUNTY, CA SACRAMFNTO, CA IAS VFGAS, NV PHOFNIX, A7 ORANGE COUNTY Fl property): 1~'1 A J, OFFICIAL BALLOT THE QUARRY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA LANDOWNERS MEETING NOVEMBER 7, 2006 The Quarry Community Development District (insert or attach legal description of and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four-year term, and the remaining candidate shall be elected for a two-year term. Name of Candidate ~ {Olll\ BrtH IJl~?~ Name: Address: Number of Votes /;Je,wvr /1.;,.oHttl- /./v~v <'1- /f..LI N,,'d,OII A..c. (tll ?SOI Pe/.'c4. [2;~y Blvl #t~o M.oj~~ fL j'wl I 5"'00 :J;() lfC/? '-'-'-"--'~-'----'-----~'--'--~- -"'-"'--'._~--,-. 16/1 A ~_ LANDOWNER PROXY LANDOWNERS MEETING - NOVEMBER 7, 2006 THE QUARRY COMMUNITY DEVELOPMENT DISTRICT KNOW ALL MEN BY THESE PRESENT, that the undersigned hereby constitutes and appoints: /Lt. 'J.,.At ( At.. ll.-o# - D;",', ;01' cPo el' (.....1u fIo".,.} Proxy Holder And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Quarry Community Development District to be held at the offices of Centex Homes, 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida, Tuesday, November 7, 2006 at 9:00 A.M., followed by the regular business meeting of the Quarry Community Development District Board of Supervisors; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice t~'. in:?~ the Secretary of the Quarry Community Development District. Signature A-1:thJ Print Name ~4 Jk ,- ('.... -Icy r-/..... ~ D,'vt'jjIY- cR; II/rAp Date Property Description: OVHr 1 Votes Entitled To: Number of unplatted acres owned and entitled to vote: ,00 Number of platted lots owned and entitled to vote: . Naples Daily News Naples, FL 34102 16 '1 A J.~ Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ QUARRY COMMUNITY 210 N UNIVERSITY CORAL SPRINGS FL DEV. DISTRICT DR #702 33071 REFERENCE: 062367 59303037 0120 NlITICf OF MEEI1N& 0120 NonCE OF MEEI\II& Notice Of LandownerG Notice Of landowner$ Me@ting Quarry commu.nlty [)evelopment Dlstrlct . to all landowners with- Notice Is hereby glVerty Development District. ~or In the Quarry commuPbed as wholly within Colher lands generallY d!,!scr of Sections 13. 14, 23 & 24 County, Florida bemg part 26 East. North of Immo, Township 48 south, Range own as Heritage B2!Y kalee Road. commonly kntlng of landowners wl!l P.U.D. adviSing that a m~~ electing three SUpf'r\lI- be held for the purpose sors. Date:November 7. 2006 Tlme:9:00 a.m. H S Place-Offices of Centex orne 5801 Pelican Bay Boulevard Suite 600 . Naples. Flonda t in person or by Each landowner malor~~ ~ay be obtained upon written proxy. 6k~~rs of the District Manage,',' ~~~ request at the I 800 Coral Springs, on N. University Drive, fU tit said meeting each land- 330il, (954h). 753p.5840,. 'shall be entitled to cas, t O'"oOd owner or IS r ed by him and oca vote per acre ~f ',and oc~n person to be elected. A within the District or ea ted as one acre. fraction of an acre shall ~ tr~~e publiC and will be The meeting Is opedn c~ with the provisions of conducted In accor an Development DistrictS. Florlda L~W for cg:~o~~!~ued to a date, tl,:"e. and The meeting ma1, he record at the meeting. place to be speclh,ed ~~:ides to appeal any actIO,"" Each person w 0 . d lsed that person w taken at ~hese mfe:~~ngp~ol~e:di"ngS and that accob,.. need a record 0 eed to ensure that aver. a. , Ingly, the person may ~eedingS Is made. Includmg tlm recqrd of the. prqdence upon which such ap- the testImony an eVI peal is to be based. 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: 10/10 10/10 10/17 10/17 John Dauglrda District Mana.per Ortnhpr 10 I Nn 14<;'lA06 AD SPACE: 94.000 INCH FILED ON: 10/17/06 :~~~~~~:~-~~-~~~~~~~-------~~-~-------------+------------------------ / Sworn to and Subscribed before me this <..lC'~-I-day C \ '(:'.'1 d' of C't..+- C '_.\' ,"-....',,-... 2 0 ('L~. Personally known by me , ' ,'of ~ ~...IoC....~~ ":/!'\;-" (heme! A rAcDo~Qld ';' ;~ ';*E MY Co.~vlMISSrON' 00210203 EXPiRES .;;~!V , June 29, 2007 ,~".~,,~-' BO~DWr,,~u nOYFAININSU~ANCll"lC AGENDA Landowners Meeting Quarry Community Development District = Jt ~~. .-' ~ Tuesday November 7, 2006 9:00 a.m. Centex Homes 580 I Pelican Bay Boulevard, Suite 600 Naples, Florida 1. Call to Order 2. Determination of Number of Voting Units Represented 3. Election of a Chairman for the Purpose of Conducting the Landowners Meeting 4. Nominations for the Position of Supervisor (3) 5. Casting of Ballots 6. Ballot Tabulation 7. Landowners Questions or Comments 8. Adjournment . MINUTES OF LANDOWNERS MEETING QUARRY COMMUNITY DEVELOPMENT DISTRICT 16/ 1 4 ~ The landowners meeting of the Quarry Community Development District was held Tuesday, November 7, 2006 at 9:00 a.m. at Centex Homes, 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida. Present were: Mike McLeod John Petty John Daugirda Janice Moen Lamed FIRST ORDER OF BUSINESS Call to Order Mr. Petty called to order the Landowner's meeting of the Quarry Community Development District. SECOND ORDER OF BUSINESS Determination of Number of Voting Units Represented Mr. Petty stated I received a landowner proxy from Centex Homes ta Mike McLeod with 500 acres. You have 500 votes you can cast, and there are no other landowners present. THIRD ORDER OF BUSINESS Election of a Chairman far the Purpose of Conducting the Landowners Meeting Mr. Petty stated Mr. McLeod appoints himself as chairman. FOURTH ORDER OF BUSINESS Nominations for the Position of Supervisor (3) Mr. Petty stated this is the landowner's election for the Board of Supervisors. It is appropriate for you to nominate three individuals to serve on the Board of Supervisors. Mr. McLeod stated I nominate Mr. Tom Wegwert, Mr. Brett Brosseit and Ms. Alison Huber. November 7, 2006 16'1 A;J. Quarry CDD FIFTH ORDER OF BUSINESS Casting of Ballots Mr. Petty stated I am presenting you an official ballot to cast your vote. You are to fill in the names of the candidates and the number of votes you will be assigning to each. The two individuals receiving the highest number of votes will serve four-year tenns and the remaining individual will serve a two-year term. SIXTH ORDER OF BUSINESS Ballot Tabulation Mr. Petty stated we received one ballot and the tabulation is as follows. Mr. Wegert and Mr. Brosseit received 500 votes and will serve four-year terms. Ms. Huber received 499 votes and will serve a two-year term. SEVENTH ORDER OF BUSINESS There not being any, Landowners Questions or Comments EIGHTH ORDER OF BUSINESS The meeting was adjourned. Adjournment 2 . 161"" Jj co,,, SLOUGH WATER CO:"TROL DISrl~IC-r 3 POST OffICE BO\. 1986. ARCADIA. fL 34!65,1'1l0'f '-~:l f ~\, 1lo...~;:_"'1 RECEIVED JUN 0 4 2007 Rllani ()f COlA1ty Cornmissioners '\1a~ 29. 2007 Mr. Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413016 Naples, Florida 33941-3016 Dear Mr. Brock: In accordance with the requirements of Florilb St:at1lkS, Sections 11.45 and 218.32 (I) (b), enclosed please find one copy of the audited flD2ltCi2.l statement and one copy of the annual Local Government Financial Report for fISC21 ~-~ ended September 2006, for the Cow Slough Water Control District. Thank you. -~----"""-"" !', ,.~ Dan~t \ (' District Administrator Cow Slough Water Control District ~ ,I / Enclosures (2) Misc. co~esl _ \ Date:~SJr Item#JloLIA3 c"",_~_-<-,, Cl_~';is\u 16 / f- caw SLCUGH WA~ER COlrTROL DISTRICT Annual Financial Report September 30, 2006 A 3 " i :::..- -- --+- - -- --...-- .......-=-:. :::;-:-:0::. DE:-::: ~ .=-=;::=~~~=- : : J6 --~--= -=::-:~::::-s Independent Auditors' Report Macagement's Discussion and Analysis Bas~c Financial Statements Statement of Net Assets and Governmental Funds Balance Sheet Statement of Activities and Governmental Fund Revenues, Expenditures and Changes Fund Balance Statement of Revenues, Expenditures, and Changes in Fund Balance - Budget and Actual - General Fund Netes to Financial Statements Letters of Comments to Management Report on Internal Control Over Financial Reporting and on Compliance and Other Matters I~dependent Auditors' Management Letter ~~"">'" "!'Mi""~",,-.,,, Aud:tee's Response to Auditors' Reports and Management Letter 161 i~ A 3 :=:=e5 :-1 7 8 9 ::-18 :9-20 "'1 SOl T11 ".c. O"E' WEl\n ... II. 80''- LU"z"IO'- H'''' JJ+ot BOY, MILLER, KISKER & PERRY, p.16/ 1 A "'2 CERTIFIED Pl.BlfC ACCOUNTANTS J 90 nO\l..:\s .. \ E'I I P. O. BOX ."" LABELLE. fLORID-\. 3J1r~ 11631 ~q.... 1t.,J. "tJ.-Ilw f,-" ~_,rw b."~.i ..u.m ::= z?=:::::=:..~ --...-,---, . -- - ~---- --- :::--=::~CRT ~ B. 8O\.JL Cl'.... 0-\\ ID '. \ULL.Lt. L.P _\. WILL[\'I C. IYSI.DL.... c.P.'- .JOH:\ C. PERRI . L~.A. l863t 6-~.J- FAX 1863)07'5--U:o-. bmkpcpas ~'3oUom '.['JOERS \ 'IERlC.\.' "STITt IT OF CERTIFIED PI BLlCKCOl:\T \, TS FLORID.. "STITI TE OF CERTIFIED PIBLlC ..CCOl :\T\'TS Board of 3~perv~sors Cow Slough ~ate~ Con~r=l LaBelle, :_c=~da Dis=~=--c= We have audited the acC'ompa=.:~g ::.; ....,:;....cial statements of the crover:1mental activities ~d t~e =~d i==c~-a~~=~ ~= c=~ Slough Water Central District as of and for t:l:.~ year e:uied Se;:::&-~E: .=:, :OC6, "N'hich colle::C:'7ely comprise the District's tasic fi~cia: s~a=~-""::s as :isted in the table of contents. These financial stateme~ts ~e ~.he =espc=s~~i:icy of the Distric~'s management. Our responsibility is to express a= cci=icn on these financial statements based on our audit. We conducted our au~~ i~ accc=~=-ce .~ch auditing standards generally accepted in the United States of America ~ ~~e standards applicable to financial audits contained in Gove~~ent Auditi=c S~~~rds issued by the Comptroller General of the United States. Those star~~~ ~equire that we plan and perform the audit to obtain reasonable assurance atc~~ .~ether the financial statements are free of material misstatement. P-..n audit: i..::.c:!.t:.des examining, on a test basis, evidence supporcing ~he ano~=s ~d d~s=:=:~as ~n ~he f~ancial statements. An audit also includes assess~g che acc=~t~= ;=~ciples used and significant estimates made by manageme...TJ.t, as 'ATe:'::' ~ ,:.='::=a~":""g the overall =inancial statement presentation. Ke te:ieve t~= =~ ~~ provides a reasonable basis for our opinion. In our opinion, the fi~~~cial state~e=ts ~eferred to above present fairly, in all material respect:.s, ::he =espec~i..le financial position of the governmental activities and the :~~C i~fc~~~== == =~~ Slough Water Control District as of September 30. 2006. and the r~~i~ cr~ges in financial position, thereof, and the res;ecti~e =~=~e~a~. ==~a=~3== :0= :~e Ger.eral Fucd for the year then ended in ccnformit:-,. ~-'--.;, ac==...:.=.:.~=-= .::=.:.=-ci;::es gene~ally accepted in the United States of ~~e=ica. J6/1 A, 3 :-~===~.ce ~~:~ Government Audit~~a S:a=~a==~ Ao'-: :...=:=~':' -'~:.;." .:.......;.;/, on our conside~a~~~~ == " ;.... - -- - - - --.. ':':~= _.:::...:_~-.: ou.=- =--::=:.:-: Di::==cc= -_...~- ... ----- :-."-er financ:'5..l =e;:c=:.:.=~ =~=:.;;..:....=. ------ -- --- ------ - of la.....s, :::-==-"':'_3.::':'::::S ----...~ -- "'" ---..._--- -- .:;.~.:;_~ar:.::. ~:;-:-~emE~_:: ... - -:- _..._-._- - -- ..._----- . :-:...e purpose coo::=o1. .,.-.=:...-.-....-- ------ - - :.:=: :=:..:~ -__ 1..=::r~:::e :-e;.:=-:::.::?, ____ ==-;::".:. ~-:.:e - . : =.3-: :':.= ._-=-:::: ---- ------ --~.=..... :.:..::a..:::::.=._ ~ ... --- - - ..... -- - ------- ----- ------- - --~---- ::scing ~___ ==;crting =~ ::: ;:::=-::..:.e ~ ----- -- -...---- _.~ _:...::..::=.a:;' =~ =e=~ ~ ==~-~=~:.on wi:~ ::~S =e~c=: ;~~:.: ;e=:=~e= :.~ aC====~=e A~:~ ~~e~~e::= ~~~::..::= :=::.;:_:..s.::ce. -~-- .....=- .....g-.-.,...- - --- -- -=-.: ~==al. 3::s..-=-.::3..=~: a:1C ~-----:. :.~ c=cs~ie~~=g ~~e =~E-~_~ =~ ou= --- ~a=e~e~='s d~scuss~c= ~~d ~~alys~s =~ ~~ges ~ through ~ ~3 =c= a rE~~~==~ ;:a==. sf =..::.e =asic fi.nancial s'tatements I but is supplementar.l i:l.:cr:::.a:::.on reqt:~=e:i =7 aC=8~~ti~g pr~~ciples generally accepted in the United States ~f ~~e=i=a_ i\-e =.a-;e a:;:~...:...:..e:::. =e=tai!':. :i::1~::ed procedures, "N'h:.cn consisted :;:=:==i.p:.::~* __ ~-~~~=:.es 8f ~~r.asement ~egara:.~g the methods of measurement a~d ;=es~~a::=~ == =~e supp:ementary infc~tion_ However, Ne did not audit the i~~=~at:cr. ~d ~'==ess =c cpi~ioD on it. y~c;f2~~)~t{ ~)!~ 2 16;" A 3 'L~ ~AGr\rI'\TS DISCrSSIO'\~ 'D'- '\ U. \ ::.b The \I=~= cf Co.. SIo~11 \\ ala" Controi District ~,~C; :~~'. ~c '-c -=e" ,'i j,e District's :inarL:iai :)UIements ~15 ~~ion ~"').J .l;~.~ ~:s >~~f:~ =-=\::~.::. 5 -'".:~...2;,'::3.i J.c~iries during :he ri5ca.i ~ea.r that ~:ldC\J ,-'D ~be:- ;'0. ':JU~'). \\ e ~"..x:-.~ :-~c=-:: :0 -:....'IlSi~c:r :he information presented in this ~i5C:.rss;0r. md a'131~ 5:5 :n ~0r._~t:r.::~~-v:: "::~ :je J~~~.:t' 5 :1n.ancial Slalements. \\hich follow this"".ti.:>n. The Disnict has entered into an agreement to pro\ ~e t:""\f the .1tnins:nrivn of ::he disrr1cts operations under the control of the Board ci Su,.neI"\ isvrs. FINA..~CIAL A~'D DISTRICT ffiGHLIGHTS Financial Hi!!hlil!hts . The assets of the District exceeded its liabilities at L.lJe end c,f ::he fiscal year ended September 30, 2006 by 5107,6:4 which is to be used 10 meet !he District's ongoing operations. . The District's total net assets decreased by 56.433. . The District's total revenue (on an accrual basis) was S45..509 for !he year ended September 30, 2006. . Total expenses for all of the District's activities were 551.'4: for !he tiscal year. District Hil!hli!!hts . The District incurred various charges for the cleaning. spraying and mowing of the various canals, laterals and right-of-ways within the Disuic: rc :3cilitate the drainage during the fiscal year. They increased the speDding on ;::mal maintenance and downstream maintenance by one hundred per cent from the pnJ :1scal year. USING THIS A1~AL REPORT This discussion and analysis is intended to serve as an introduction to Cow Slough Water Control District's basic financial statements. The District's annual report consists of two parts: management's discussion and analysis (this section) and the basic rinan.:iai SLltements. The basic financial statements themselves consist of three components: g<l\ernmcm-wide financial data, fund financial data and notes to the tinancial statements. The Distric:: is :J. special-purpose government engaged in a single gOY emmental program. T':l.: ::r"-,"-:::ct is allowed to present their fund financial data and their government-\\ide financial data combined using a columnar format that reconciles ir:di\idLUl 'ine 't=-.5 ,.; "..:.c-,i financial data to go\ernment-wide data in a separate column on the rice of '-'Ie :7'.2.:X:.:,j ,talemems. These statements present different \ iews of the Di,rric:: . The last column of the statements IS the gU\w''1",<nr~" ide -;r..J!,-:.u uJ that prOl ide bOlh long-term and short-term intorTlU1JVn about :he Oistri::"::; ; ;'.t.:!" JiJ ~ina.'lt.::.aj ~tarus. . The fund financial data focus on IOdivicuaj ~arts ,}(:hc U!~tr~:'... ~0\emmenL reporting the District's operations in more Lie/ail than the g..J' ernment-'" :~c ~"t.3..!emcm.s. Go\emmenul fund :nt~'rmarion ::Clns :he reauc:" ..JL..~--r.l.:lC' ."" ~_-.c- tinancial r~Jur';:::S :h.ar.:.;m ~ :;~I 'r: -'::c :Jear :~t:.;r;:; ~,- :..:-~-:..;;:; '-:"It; ~ YO: T:cre ,,"r rc\\er ':'-...~ ' "',~~5. The .) .16/1 A 3 dI77~~ ~..~ ~~''\Z:-7~-.;~ lCtiyities (reported in the statement of net :iS~~ ~~ '_~ s~t~~~ .'( ..x:.-.. -:=-- .2-:-....::: =- ~.~~tal :i.mds are reconciled in a tOotn('t~ :\.."' ~~ -:-..J.r"::J.l st::.~c~... FI"."'-Xl'L "u. \ ~ OFTHf I>L'IRJCT -\S -\ WHOLE Assets e>; '.....;,.,; :iao~ ~- S: 0-.,,:-1 for tile iis.:aJ year ended September 30. :006. The large,,-, as>.el :oc;ude il1\==~ -..::;;~ ;5 J.ppr~ximatel~ 199%) ot":he District's net :l5s.:ts \\hich are:o be used :0 meet :he :inanciai 0Oiigations :er:he District's ongoing operations. The follo\\ing table highiigim the net ass.:ts:l5 of September 30. :006 and 2005: un e-strnents Receinbles Capital as=s 2006 5 '06.961 363 836 5 108.160 :005 S !21.3! j 377 5 ]21.688 T olal .-\s5et5 Current liabilities 536 7.631 "'et AssetS: Invested in capital as5d5. net of related debt Unrestricred Total net assets 836 $ 106.788 $ ]07624 $ 114.057 $114057 The follo\\ing table highlights the changes in net assets for the fiscal year ended September 30, 2006 and 2005: Revenues: General ren:,mes Special ass.es,,-ments Interest income 2006 $ 42.229 3.280 2005 $ 41.967 1.356 T ocaJ te\enues $ 45.509 $ 43.323 Program ~xpenses.: Physical em ironment L,tal expenses $ 51.942 $ 51.942 $ 36.945 S 36.945 in.:n:asc I...k"~:-e..l-s,e) ~n net .l55~ 16.433 ) 6.3-8 \.<:.1 .1S.Xts.. ~;mnm.g. I..lf ~ ear 'et :l5s.;:t5. ::nd 'r-....~ S ; 14.057 $ 1076"4 S 10-.6-9 5-11:4J)O:;- Tl:t:' :-.. H,'-~:r:;, ';~.l.."Y.:" :v;:-~i ~ --.'ur..:~ \)(re\enue and expenses for !h~ tlS-C:lJ !c3.I': 4 16/1- Revenue Sources Year Ended Sep1ember 30. 2006 :J ;"ssesrr~ts ~e::;f ::rscoun:s . iroterest ,nccrr:e . ~3C~ Expenditures Year Ended September 30,2006 7%- 2% 6% ~\l 6%~ 5%~ n~ 2% - - o Canal/Down Stream Main!. . Adrrinistrator o Water Quality Analys:s o Audit Fees -- 50% . Insurance o Engineering Fees . Assessing & COllection Fees o Office Expenses ~ :A 3 16/._ A 3 BU)GIT.-\RY HIGHUGHTS 71"~ Ji~.;: w~~.; ~~.c ":Seal :;:-~ :'.,:: .,.... -<)-'"'--'.- 'T '.f~~. :':'. :1.'11: ..\~th:he assessment r.ue .or s: ~ Ji.::"C A~h.:..j 'o\a:, the .;.a..--nc: ~~~ ~--~'"C ::' =-.:i.: - u.. ::\.~:1ditures budgeted fef :ne ~s..:::l: :.e3.f ::-A:c:..: ~mbe:- :i}. :'....,... .....:6 ~-:-r:-1..::-.z:-=.: : - ". ,.t3l :1.Ssessment revenue :-ucig~:e.: \\3,S J.;"?f;..-~.Z7..~:.dy ~~ .:". ~ T otai J.~rua1 ~xpen~i!Jres were 5:: ~~: ~k,,, ~~~..ei o:::'k~dit...&.fcs. 1":-:i5 was mainl~ due to the following: . The District did nOl mcur :he budge....ed ;~ ei oi _-anal maimenance. legai fee; and downstream maintenance as expected for t1=1 year. · The District is currently in a maintenance rncde of operation; for the foreseeable future. Total actual revenues were $2.010 o\er the budgeted re'\enue. CAPITAL ASSETS .-\.'\"O DEBT AD:\II-'lSTR..\TIO'\ Caoital Assets The District is classified as Phase 3 governmem in acmrdance with the definitions of GASH Statement 34 which requires the Dj"Lrict to report and depreciate new infrastructure assets effective with the preceding fiscal year. In&a,,-rrucrure assets include roads. bridges, canals and other water control structures. The District is IIQ( requited to report their major general infrastructure assets retroactively. The District elected to report their general infrastructure assets on a prospective basis. The District is considering constructing a canal in orde.-lD complete their requirements with their Plan of Reclamation. The District purchased Clpital as.set5 of 5843 during the fiscal year. The following table summarizes the Dislrict'; capital assets Det 01.- ~ulated depreciation. for the fiscal years ended September 30.:006 and :005: Office furniture :006 lli.6 :005 -0- Debt The following table presents the District'; total ~'Ut5taDding debt for the fiscal year ended September 30, :006 and :005: Accounts payable :006 S 536 :005 57.631 T olal outslanding debt. ~l=ba 'It 5 :7-., 5-36.31 CO;\TACTI:>iG THE DISTRlCT"S FL'\".-\:\Cl-\L :\L-\:\.-\GE::\IE:>iT This iinancial repol1 I; designed 10 Pl"o\!ae c'ill -~ w rrh a genern! o\erv iew of the District" s tinances and to demonstrate th~ Di5Uict" j aC;:;,)UJ1taOliity ;~or th-e money it receives. [f you have ~uesti('lns about :his :e-:'Jl....-t r'f :-x.-2 .l..iJi!h,(",~, ':~:a; :nf~)r.n.:1[i~"'ln_ .:,:'mact the District" 5 -\~"Tllfljstr.l1or. rr-J'.at.:~nt; :'"(1'" i-_ H:~p,;"':!' -;", ,--.:::s.frL ~;\"rida ~~"'::6o: 363-49-1--1.021. , COW SLOUGH WATER CONTROL DISTRICT Statement of Net Assets and Governmental Funds Balance S~ee~ Septembeo:: "':. _ 0 ~ ~ 1 6 11'1. A i 3 ::,-c-~-: of ::e:: .:.~ ~~ts - -- -- :=:---=.---;; -- -- ---._---- Ge::e:-a:' ?'':'::C ::-.:.':.e :: :.~:...- :: ---~ -- :::-..e:,:;":-=.e::::'E 36: :6: " 63 =c:e ==-==- ==.:::.== ==-.-=~_;:e=-.::s :;';3 :=::.e= =.:.:::.:. :'.=._ ------ :=.~~c:_.::: I ::e:: ::: ac~~~_a::e~ ~e~~ec~a::io~ 836 =36 -- - ~. - - - - -- ::.~;;::::_.::: 3::7,3:"; 336 3:::,:'60 :'':''3.:::~:'':''':.:es .:..c:::::.:::.:.,S ;a~.=-=_e $ 536 s =36 ~~~al lia=i~i::ies 536 =36 ?-.:..::.d. :ta:a=.::e.'=.e:: ~5se=s ?una ba2a::ce ~eSE~;e~ =::~ =~sequent year's expe~di~ures Unrese::-..-ed Un=es::=:.c~ed 25,142 (25,142) 8 1,646 (81,646) -""'...=- -- - =--a 106,788 (106,788) ~=tal -=""'- - -------- ~d ::-.:r..d =a...i..a..::ce $107,324 :;e:: asse::s :::'~J'este-= :.:.et cf , ,- .:.:: =.a:.:":a~ assets, ::-e...;.a:.e::: debt 836 106,788 936 2.0E,788 ~_-r~est=:.::::.ed :-::a':' :".e:: .=.=~e:..: $ 107,624 5:0'7,524 See accompany.:::g ::cces. 7 ccw S~OUGH WATER CONTROL DISTRICT State~e~~ of Activ~t~es and Gover~~e~ta~ 7 _,_.. :=_e~"e:-.:.:.e.s ::::E.::=~~ :~ ?-..:.::= 3ala::.~~ ~-~ :~e :~=~ ~=~~ ~~-~~rnbE~ ~ :::-:;e:-_=itu:-es - - ~~e=~~~=es e;~e::ses -' . - . ~~ys~=;_ e~7~=c~~e~= :a=a: =a~~~e~~ce ).-=--=:...::.:.st=a':~= ~s~~eering fees .;':..:c..:..: fees ::-_s....:.=a::ce ilacer quality analysis ~O~ stream maintenance C:-:ice expe::se Assessing and collection fees Dues Postage Legal advertising Depreciation Capital outlay Total expenditures/expenses General revenues Assessments, net of discounts :::terest income Total general revenues Excess of revenues under expenditures/expenses Change in net assets F~~d balance/net assets 3egip~ing of year -=::::.0. cf ::~ear ..:~e _~::'"_e~3._ ::u..:...:. _ :::.389 ::., lOO :;,438 3,300 :, 3":' 7 :,HO ~.266 :.l90 :, l06 575 302 212 943 52, 77 8 42,229 3,280 ..1:5.509 -, :69. 114,C57 5:J",~88 --~----_.-. --. , - ~- - -- - .... -:Otf"-5 ."- -- ..- ~ ~ ~ - a.;:;) ';J-:;: 6,~~~ 16lt'r A 3 . -- - -.. -- -- - -- .+--- ----- 2,~:;a :;,:;:c _, _-:z -,-=-", - -o::~ _,,-;,~O :, ; sc _,";'",t 5"75 302 -, - ..::._..: 5:,942 ..2,229 ":,":'=0 . - -,,- -- -, ... -- , -...<" :5,433 ) __""", :5.... co:, 5"::'':2 ',-;:'ER CONTROL DISTRICT 16Tj A '3 :=ta::e--e~":' -: ::~7,=nues, Expenditures, "-- - - -: . ~ ~ -:: ::"'-.:::.d 3alance - ~'- :._- ':~:.. - ::;"=:::e::-al Fund --~ ~- ~c== ~:~ =,,::::e:-l:e= 30, 2006 - -- ---- - - - -------- - . _::-: :::..::...s._ .:';::e.::ded :::.:~=et - ~ - ~=---:- = --'----- -- - . -. "'.:-....:;:- - --._- ----- ?e-:e:::...:es ;'..sse5s~e::::5 . ::et -- -- --_.---- - - ----~~--- _ ~3,=00 . - - -.... .... -:...,';;'_::;1 :::::e::::es:: :::=::::::e _ ,: 3: :-ctal =e"~.e:::.:e5 . - - ~,.., --. - -. ~3,500 ~=,=:Q .... .~ ~ " _ . ~_.J Exper:.di~:.lres Physical env~=on~~ Cana: ~a~=t~nac=e Fund balance, . . . ::eguL"':.:'='S ....... .:o:=.=.= -- . -,-C", 30,190 :3,389 6,30: ::,000 ::2.,JCO .::: I'{'{'I 5,000 3,438 1,562 -, . ,,'-' 3,300 3,300 3,300 3,520 3,520 2,847 673 4,::0 4,100 2,410 :,090 €,800 6,000 2,266 3,734 ::C 0 995 1,890 (951 3,480 3,480 1,006 2,474 ~lO 710 675 35 700 700 302 398 275 275 212 63 ~, .";'.,.1 4,000 4,000 850 843 7 - , ---..... ';',120 52,778 :1,342 - :4,:;25) $(30,620) (7,268) $ 23,352 114,057 $106,789 .::'.dmi:J.i.s~=at::r Engineeri~g fees Audit fees Insurance :'1ater qtla2.it:y C",;."""la..l..::.S:'5 Down stream maintp~~~ce Office expe:!lse Assessing and collecticn :ees Dues Postage Legal advertising Legal fE:es Capital cut::ay Total exper.dit~es Excess of reve~~es ~~E~ ~~e=. expenditures Fund balance, end cf ~'e~~ :-.::'e5 _ cow SLOUGH WATER CONTROL DISTRICT Notes to Financial S~~~emen~s 16/1A 3 Septe:.'.!:~= ~- _.:::: ...:......:..::.::= methods a::o. :::=c=e::.....:=es :;..:.:.:;:-==:. __.II. ___ ___ ;'lat~= ::.=-::::-:::-= ~::.:'"-=:=.-:n to gene::-:::.':'':'':- ::.==.;':.--=-:; ---:-....=.=_._ 'h~__~ is ~~ ~~=:_=a~ e~~ities. 7~e ==~.:..:^~~; :::~e; ~: ~= ::.~~.:_~: ~~~~em~::~= ~: ~ ----- -- .._------ --- -- the =:'s:=::::':::; .. - - - - .-:...:::"':'3._ :::::-.3..::::=-. :'_==;::=:_ --.........--. OF - .:: -.'-<--...:'-":' s:::;:~:?:=-:...:::- . ,.....~--~--~-- .------_._-~...;: -------- - - - - -----~.... . ------ - - - .. ------ --- - . ~.=::=='::.nq -;'--~ --- ----- -' -=- 2':"~~=~ Xa=e~ Con-:===- =~2==~C: NaB :::c .. :..a....,s of Flcr:..c:ia, ==e~=e~ ~y C~afte= - - . -- =.:::''''''S_':, Se:-.a:e ____ .;c::s or :i.989. The operat~c~s == === D:"5:=:"::= =~~ :::..:..=.:::a.=e::::l::a::" =-::.-- ;overnei. =:- s!=e':::.al aC':s ;:e==a:...::i:1g ':.c t::e :::'5===- =-=. ~~e =:.s~=ic= :5 an indepe=d~~= special dis~~~c~ created p~~s~a=~ to =~e ~e=:'=c a:.:::..::.c::-:..zec :::1 Chapter :sa cf ~~e Flcriria S'tacutes. A t.21ree-'!".te11be::- =ca==- == ~:.:;:e=-"":'5.:::rs e:"ected :ty :.::e la.'"1ccwners or tl:e :Jist.r:..c!: ~c'.re::::.s the ::.=:-:=:=:.. :~e =ca~= a~pc:..nts ar- ~~~i=~st~ator to administer the po::c:.es :mar-at~:.g :~c~ --_ s:.atutc~' powers and authority. 7=e =:s~=:Ctts rinancial statements are prepared in accordance ~itc se~e~a__y acceF::ed accc::r..ting pri::ciples (Gll.P..P). The Govemment ll.cccu!::.ti!:S S':an:ia:::-::..s :ca=d .3..=-.EB; is res:!;:onsible for establishing GAAP for state and local gove=:-'.Jr:.ents :.~c~gn ~ts pronounce~e~ts (Statements and Interpretations) _ C~ve~~e=':s a=e a~so required to follow the pronouncements of the Financial Acco~t.in3 Sta=dards 30ard (FASB) issued through November 30 t 1989 (when applicable} t::at .::.c ~Ot ==nfl.~ct oN"ith or contradict GASB pronouncements 0 The more significant acccunt.:..ng po::cies established in GAAP and used by the District are discussed beLGWo == ';:.:.=.e :555, ~he Go...~e=--IUer:J:l:al Accounting Standards Board iG.5E) l"'-~---.c'!..:..S:-::. ;..:-~~c...ed Sta::ement No. 34, Basic ZO'inancial Statement.s ar:.d Ma::a=-e::::.~~' s =':"E~SS:"~4 ~~d Analvs:..s - :or State and Lecal Governments. S:~~=ica=~ ==a=ces -- ~=e S~ate=e~t include ~he following: A ~anacement Discussion and Analysis (MD&A) section pr~vidi=g a=a~ysis of the District's overall financial position and res~:~3 :::;erat:.ons. Fi~a~c.:..a: statements nrenared using f~ll accrual accounti~g :or ___ ~_ t::.e :lis-=rict' s act:' 7ities t including .:..nfrastruc=ure :, r:;ac.s, D::-:.::..::e.s. e:=_ __ ::.::c.::.=-e the f'..:~d :':"~a~c~al SLa:e~e~ts to fcc~s an :~e ~a:or ._:;::~'= ::::::er c~a~ge.s a~e =e::ec:ed :=--.-= acc.::q:a:-.::.:.::~ ::":"'=--~:_=":"'3.l -:...0=. =:..s:.:-:::-: _.'::'.:0 - - - - - - . - - - ~ --- .----- --------_.~ ===es tc .=..:.:.. == :.he -._---- - _ _._;...._ _::1._ S:ate~_e:::.s ---::;:':'e-=e:.= ;:-:+.~:.5:::-..s - . - :: ~~e ~:'~~e~e~=+ COW SLOUGH WATER CONTROL =:2,~::, Noces to Financia~ St=:~-~~~~ 3ept=~e~ ~: _ 16 ",.",. A 3 :lC:;: ~ u__._ _.. . ~. - - . -_. - ---- ~------ -._- 7Ie- =-- ~'_=_ _-_. ."1._= :-~=-:::=."-~:: --. --- --- = __-:1.....-__-=-- 2.:====-:.:.....::- _____ ::=tir:-..:.-== :;.:;-.-E.::::....~=-:::: ':'.::::::-...:=.::.:..::.; :.::=--~-::..=: 3o~::. -------- - - - - - ---- - - ------- --- =:':lanc:..a: ;:.e;==:::.::~ ~:::.:::.--.. es:~:'..:...::.::=.5. .:=i:'e=_~ --- -=.~------ --- -----.---- ..--=.:.:.:. :=-=~=.a:.:..:=-s shct.::'=. ::e :::::.=.:..:=ei :.::. a ;:::-...~::--e.::.::.a.: :::.::an=:...=.: =-=;==-:.:.::=- e::-:::;-:-. =-5.se::. '.:;.::: 5.;;:':':..cat.::::::. == ::::.ese ===-::e=:.a :::e ::s,,::'":..:t. t...:.- ::.e:":-===:.=.e::: _____ --.:.~:. __ _ =.::.d.:.tio::a:' ::!C7e:::-:-.:r:e:::::a_ =epa==....c_::S, .:i,::::t:::_:::'es, :.::::s-=-:.-::::-:-:._-.=: . , at:.e~ =c~e~~e~t~_ ---- --- --- n _ --'---------- . ::::...=:..:.:: ;:.::::::.ori:::.e~ =CE::O~::c::: of ~-- ::~=a::...::..':=.:io=-.s :;e=a.::.::= - ---- '-- Supe::-'"J"iscrs that wct:.2.d te c=r-5ide:=-e::. ::::-:-q:c::e:::. -~::2 :~~CL~cia~ s~ate~e~~s __ ~~e =~st=i=~_ :'::c..;.'...:..s.ea. in t::e 3asic ........ '... rl.nanc:.a..!.. Statement.s - ~ver--we=~-.i=e 3-:.a.:.~e.=::= '!':he Dist=ic::.' 5 basic :inar:.cial s~ate:':".e::::s :::'C..;.:.:.:::.e _'-__ ==-.-~==-_7.e:::-.....i:::e (=eport:.:~S" the District as a ~hole) a=d :~d ::.::a=c:.a: 5~a~~---~s. ==:~ :~e ;c7ernme~t:- ~ide and fund financial s:'a:e::len~s ::at:escr::.=e ;:=-:.:::a=:- =.-:::::.-:-:.::.es as eitl:er governmental or business-type. The Dist~ict's ~~i=aqe ac::i7ities and general administrative serFices are c:assi=ied as gC7e=--=e::~~ a=~:.~:.t::.es. In the government-wide State;:ne...T].t of ~ler: ;'-ssets, -==-e =c~.-e=-~e:lt:al activities columns (a) are presented on a cGnsclida~ed basis ~? CO:h~, 'b; ~~d are reported on a full accrual, economic resource basis, ~hic~ =ec~~zes a~' long-term assets and receivables as well as long-te~ debt and cbl~ga~i=~s. ~be Dis~~ict's net assets are reported in three parts ~ invested in cap~~~ asse~s, net of related debt; restricted net assets; and unres~ricted net asse~s. The District first utilizes restricted rescur8es ~o f~=a=ce ~~a:i=~~-~ ~=~~7~~~es_ The gove~ent-wide State~e~~ of Ac~i~~=~=s =e:c~s =c~ ~~e ~=ss ~ci ~et ccs= of the District's f1.l...'1ct.ic:c.s a::d ac::i'.~:.::~es. :-=.e ~.:::==:.=::.s =.=e a:sc supported by general government rever-~es spe~:.a: asses~~-::~ ~~e S::a::ement of .~ctivities reduces gross e:q:e::ses i:-.c:::d:.::9' c.e;:=-e:::.:..=-::.:::. =:( :.-e2.a::ec. prograo revenues, operating and capi ::al S-=ar..::s. Pr~_==-::i =~7~es :":'lust ce directl:.' associated with the District's functi:=s ~ ac~i.~t.:.es. The District is a special-purpcse ~=~e~~.e~~ e=~a=e= .- ~ 5:'::'S_E =cver~rnenta: program. The District is allo~ed tc prese=: :~e:.= ~= 7~~~~=:.a: da:a and their gover=ment-~ide financial data =omb~=e~. ::5:'::= a =~:~~= ::~a= :~a: reccnciles ir:div:.dt:.a::" :l.ir..e items af :'..J:c. fi::a....-::::=.: ____ =.::-,'~-==---=e:::-...;:':.e :::ata in _ separate column on the face of ~he fi~anc:.a: sta~e~e~~E. '!'h:.s =c':e:'-:-~"':".e:::-'N'.:.::e :=c:':'s :5 -:-.:::re -- . . - - - - - - - - ---------- ::-_~ =:.s::.:-:.ct as e!:t.i::::' a::c. ::::e::::a..-:se :.:: :::: =:z;tr:.:: _ =-_e: ~'ear'_ aC=:'7i:::.es. - - - - -- - - -- - -- - - -- :=:::':". :.::e curre::::. ::W SLOUGH WATER CONTROL DISTRICT ~otes to Financial Statements September 30, 2006 .[.6/1" A 3 :;: :-::: :-:V-:'7-7: :: :;::::::: ::~;: .:..c:C'JNTING POLI-::~S c:~:: :::'.:e=- =.1.:::. :: ,; --..--..::..4-. ~-;;-----~ ------ .--- ?:.::ancial Sta:.e:::e::::.s ':"';::: -. - ::;.--- :. --.------- -~----- --- - ~ - - --------- : .:.=-=..::....:..:...=- - :;:-:;:-....-.....--:;: ------.----- ::s:.rict ~~e =~;C~==~ ~:::-~ fur:c. __ a===-..:..=.::e::. . -------:; - ---- s-e=a..=2.::'e ~e:: ~~.~-=~~=:~= ~:=~~~S tha:. ==~~:~es ---..----- --~._------ . - asse::s, :":~:.:':.:.:.e::, a.=e =e:::::=-::-e::. ~:e=.e=:.= ::-e-.-e.::-.:es =-== expend.':' :::':==5,. ex;e!:ses . =:ass:~:.=a:.:=n wit~~ :.~e ::~a=c:.a: _:.e '.-~:"~::5 -.._-~ =ese=--:es: , :::2.:::"'::e::':'5. ~~e e~~as:s :~ ~~= =~-~=c:a: s:.a~ements is cr. ~~e ~=.~~~~:.a_ == ===~ess-=~~e aC=:7::.:es cate=c=:es. major fanes i~ ei:.he= t~e ~rc!L"!'.a: c= ::.:.:::::'5 by :::ates:cr.:- a.=e s"-~-:.:e::. .:....=.== .=. s:..=.:::"e ::::::"-.::r..:::.. SASE ~::..=.=e~€::= Xc. ..,;-: ::::=:....::: c=.:...:.e=:..a ~e=-=~--=-.=.;e :;: :':le assets, ::'.:...abi::'ities, e-x:;:e..::..ci.:. :::..:='~s, e:--r:-p-ee.s =-:: e.:.':.:::'er :-.m.ci categorf or ':.~e goyer:nr.ent:al c:~~~~e~' --- -~= ~e:e~~~~:::.c~ c: ~ajor f~=s. ':::=::2 ::-.:.::.i:=:t:.::: =ever:.ues and e:J.te~rise ':"::e' fc:'l::-N"i::g- ::~~e5 ~e ~sed by the Dist=ict: Gove~__lIental F~~ds The fcC'...l.S of ~e ~7e_ p""'-=a.l -=unds' measurement (in the fund statements) is upon c=t:=~~~t.:...c~ == =~-~~c.:...al position and changes in financial position (sources, ~ses. and ba:~ces ~- f~=~~cial resources) rather that upon net income. The following is a desc=i~tion of tee governmental fund of the District: General Fund -~ ~e=al =--~ =-: ::~e ;~eral cperati~g ~d of ~ed ::= a=~ === a-_ :i~~-c~a: resources except .:.c::::::.:.::.~ed. .:.....:: -=----:..::.e= :'..lr..d. the District. It those required to is be Eas:.s .:"ccc-.=::: :..=.c Bas~s of acc=~t~c =e:ers to the point at expe.::d..i.::'...U'es/e:q::p-=es: ~e recognized in the accounts f:....::.a.::.c:...=.: s':a:.==:e=.::.s _ -~ :=:-e.;.a':e:s to the timing of regar~:ess == ~~e ~Ea;~e~e=~ fc~~s applied. which re7enues and reported in the measureme::1ts or the made .::'.===-..:.a":" :-=:e ~c:-.-e::::::...~e=: =-_ =.=~.: -::. :::..es in the =o~/e:!:T_T.enta2.. -'.....:...c.e - . . 1 =:"::anc~a :;:: i: e~e::::.s ;:.=~ --- -----~ --- - ---------- -:::.~ aCCnla':' ::as~s ac::::~';.::.:.::= . ?'e.,-er::..:.es ~=~ =~==~-=- &~~ ~~~e= =.~= expenses ~~~ ~eccS~~3ei .te= :=c~~=e=_ 12 Notes ?.:.::a..~cial State!11e~ts 16/~A .., . cow SLOUGH :-;r.'rER CONTROL DIS'rRICT c - :;c:s 1 SVf-'f_"--!..::_=,'"'::' --~._-- -~.- :;;-':~'_:_--.--'+ . - - --....--~,- - . - - (co- -" =~SlS of Acco~~~~a ~~-- - ....- ~~._-~--- - :-!~difie= ----.:=, .....----- -::::'e gc...e~e=~.a_ :..:::=-.5 _. -,=.-,-.,. - ---+---- S::3.:'=:':"'.e:-.:~ ;. :-ese:-,:.-::::. :.ccrua::" :?C:::::"~:::.=c. :."':::ie~ :::e -:-.c:::fie.:: -~-_..- - - ------- account..:..=~, =e~e=~es ~~~ =e::~=ied ~~e~ s~sce=:::=~e =c . --- - - - - -------, ~easura=~e ~= a7a~~ab::"e. period cr ~:::::.~~ 60 days ".~"":a:':"3.b:'e" ::-;ea::s ==':'':''ec:::..l:':': -A-:':'_-:':':: --~--- - - ---- --- - --- a=t.er the year e=G.. ~:cenc:.::~res :.~E ce.=er=__. =ecogn~=ei -~der :.::e ~cci~::.ed acc~~a::" tas:s :.:.abil:.:.... :s :c::::un--:: ::::; ....::e.:: --.;::. ~- - - -- - --'---..... .:=.:::.:rred. :-.::e excep:: :.cr. _--' ...--. .::. i.; ;:r:.::.:::.;:a_ :':H:eres:: se:le:::-al .... . cDJ..:.gat.:.o:: :'cr..g-:=:!:":n '......c:_'-, an1., ::::-e::::c::.:.=e=- -...-;:e:: due. ::::vestme~::s Investmen~s are stated at cost, which approximates ~arke~.. Receivables )l.~l recei ~J'ables are report.ed at reduced by the estimated portion their gross vall.le a...T}d -.'he:::-e afr:r::f:=-:.a::e. that is expected t.o be unco::ectib:'e_ 3..=: Caoi tal Assets ::a;:ital asse::s purchased or acq".lired are re;::cr:ed a:: '::':'5::==-:'_;._ ____ es-::irnated ::rist:orical cost.. Contributed assets are reported at: =a:.:=- 1"!'l.:;~.ke:: -r=_=:::.e as of the d.ate received. ;l,ddit.icns, improvement.s ar:.ci .:Jth== ::::.::::.::..:._ C":'::---3.-.-:S -=-=-=..:: signific~t:? axtend the useful life of an asset are ca~::s_:=eG.. ~::~e~ _____ ~=curred =cr repairs and maint~~ce are expensed as :~c~~e=_ =e:~e=:.;::.:..==~:: all assets :s provided on the straight-line bas:.s :ve::: _.__ ::-:.;...:.=....-:.== ..:..,Se=',,:_ lives: Build::lgs Machine~! and equipment Impro..re::ter:.ts General infrast.ructure nea:-s 5 :0 :0 '.'-e-.a=s :+-:=-':::-3 , . ,.~=~<::: GASB Staterr.ent :::::rastruc:::l:::-e :::.::rast:n.:.:;:.....:.::::-e No. 34 requires the District to repor: e::ec:::...re ',.lith t::e =eg:.:-.:::.::g -- 2..:'..C_ .....:::.e :-::a.c.s, .::r::::.-::-es I -::::'::3._5 -r,..; ~- dep!:"='=:.a::e :::.e.....- assets -------=--- - -- - ---- asse':s :-::eSE in:=a.s:.=-..:.c:.:.:=e asse':s .=......= ::":.:-:e:.:::: =e _3..~ge-~-: ::s:.r.:.ct. ::e:.:::er t.::e:= :-..:..s:.==:C3.':" =-:5': :-= _c- -.-:--: -.;.- _.=-- - -. . - , - -- .:::.s::cr~ca__::" .:::e:: =~!:c::-:'e.j :':-.e - - :::-.a::.::::.3._ ~:'.a:=-,en-=-= =:assified as a Phase 3 ::...:: ~~B 3~ .. :-::.3.5e :: :;C7e~:::e::::c ::1 =cc~==~=e 4:::'~ :.he ~~:::::.:::~~ ===:.3.~e= ::-~~..::::-~.:: ~_ :-e;:c:-- _ :-::e ~ :.::=:.::: el,,: =-= -:-.: =--~::::-: :::~-"e:::-:-_7.e::-= ::::rastruc,:ure asse:s re::::-2';:=:::.-"=_'.- . ?,e~eral infrast.r...:.cture asse!:s :::: a ;:=cspec:::. -.-e ::as:.s. :rct:~s ~:-~~~~3~ ~~3~ements ,16 lit A 3 COW SLOCGH Ii~-._=-"':. ::!;:,?CL DISTRICT :: ,3--.c-- -......- ~. ~ - . -. - - ::--v"ttr:.;-" - ~ - ~ . - . s= -::::;-- ==::=:':lUed) ?_;-:-~:::_'?S ::".-e-::;--' ::; -~- ------- ::::)'\'e :-::::-:.e::::' 3. ~ ~ .- - ::"".;--~~--=-..:.e:: =='= i ==-=-":=.::. _:...ssessrr:e:::::=: ~e lev:'::::'. 3.='= :::.__=:i :i..::.=' ____==::e:: ".":. -:':::':1 ::::~ ::a=-e :;e:=-:.== :.= .__ :.;:.e :-.s.xe-s -' . ..=-"':"'::5::"~=S ,......R___ ----- .....::.:. =:: : :..::lar:.== ~:.:;:e.= --- - -- ------- --~--- -----~~- :;:e.=.=..:::.::::s, ~=- - --.".,.;; -- -------- -- ::c::c~e=a:.:..::g :::e-,-e=,.-..:.e t3.Se::. ::: :;,.::...::= ~::E.=-e=-==-:' ::::. ::: 3.;~lying ~~~-= =::a~e~e::l:: ~:o. 3.3 ::c ~a:::: =e-,-e:1t:.es. ::..:.e ::=-=-.-:.::e= ====-c-. ::es :":.a.1:::..:..:. :::..es a=.c. e:.r.:;::e::::ses a-""ld. :.::.e rec:.p:.e::::-c =e::::S1ize.s =e=e:.-.=-=.:"es =-=-:: =e-;-e::.-...:.e -:..-::e:: :::::e a;plica::::"e =:.:.~:.::-:.:..:::.:~ requiremel:::s, ~c:'::.dir:; :.:.::-.e :::ecr..::.=e::.e::t:s, ::.":1e e:':.gi::;:.:: t:.:- =e::rJ.i:-e::l-e::::s ~e :::e:: === and defer.::-ed =e-.-e::::::.e t::. -::.:::.e :::e=:.;:.e::.::. a=e :::e::.. ~=sc:rrces trans-i.li ::::.e:i before .......::.--.....-..::..... ---'----- 5.:::-:~"':.ces ;~,::.,.t:.d.e= 3xcendi tures Expenditures a.::-e Inventory costs inventory i terns =eccg-~zed -...t.e:: -....e =e_a.-=e~ =:.:::c. ::.ability :.s a.::-e =epcr=ed ___=o~;er::..-..p:....,~a: acci......:.::.:.es in the are used, =athe= ~~~~ i::. ~~e pericd p~chased. :.::.C"'...xred" period the Caoitalizaticn Policy The capitalizaticn polic-.! of t!1e Dis::~ic-= i.s ::c c~~i::al:.=e all assets ',.;i':.h a cost of $750 or more with an expected life of one year or mere. BudGets and Budcetarv Accounti~o :'he District :c:'lows t=-ese :;===e.::::..:.::e..= reflected in the finar-ci~ state~ts: es::.::.=:is"'~ -c the buc.geta=-.r dat.a During .~pr:.:, the .-=- ~ ~ ::':"5::=0.::':= -=-..:......-==.::.= ;:=-::-;:csed::::;:e=ating c::.c.gecs :or the upcomir:.g ~iscal :-+ea=. :::e ~e==.'::..::r:: =-..:.::.=:e-:.s i:::::l:.:de proposed expenditures and the rr.ea=s of ::.-~-ci~S ~==_ 2. A public hearing is =eld ~c cC~ai= ::ax;ayer ccmments. 3. Duri:1g ~Y. resolution. the .:::.:.::.ge::s are :~~y ~~~c::ed ~),raugh passage af a All budge:: C!1ans:es -:-.....s't ~e ~==-.-e-::. --~- ::.::e 3ca== ::: Super.r:.,S.:::::-s. 5. "!."'he ::u6::e': ::::;~ ::..e _-e::-.e~3. _ -..as .=.=-=='te:i 3. basis c::r:s:,s':er:t .....i':h =-e:le=.a__::" :i::::ept:::-.=. "---"--- _.'- ----_._--.- ;:=:'::'::':::':"~,S_ 5 . _::3._ .. . ='..:..=.~e:-e::. .i_":'": ';"'-.:.: =-<e: _e:: :.-~- --~--::: --.----- .._-- -- :;,:::::::-~';=d ::,...::........ '" S-.:;:e::-::sc-:-.::; _ ....l:.~ -~- --::;.--~:;:: -.---- -- =--==-=--=- ::-.e "-==.= -.liere =.;;=:.:~=- :::e =:=a==- == ~".:;:e:::-,:iE==E_ COW SLOUGH WATER CONTROL DISTR:C~ Notes to Financial Statemencs Septembe" 30. _ ~." 16/1 A 3 ::=::;:1IFICANT ACCC~~;-::'::G -------- ~ - . - ------~ ;---~--...:: -_._- ~:~~==~= ;===.~~:~=, :':'Tlder .1Il:....:.:::: ;::..:.==::.a.se ==::'-==5 3..=.::. ---.::,.... -~--- ~----.... --'--- .~--~ f-~ C." - -= .:.....,.-~--- -.--.... -_.- -------- .... ---.-- - - - ....---- are =e===~e= := ==::.e= ::: ~.;:.~.;:._."" --:::- - -- -- . - ----- :-- - .::. :---......----:::;- --- ---------- -------------, - - . - - is ~:.:: ==;::=..-~::: _-co :;:__4__':;: --. -..- - - - - - - - - - - ---.._- - -- -....---..--..- :o:.ste'"':'", _ _:'-=.=;:=2.~;::= -.::, asse5s~e== _ej-J __ cne Dist~~c= --- =e===~s ~ e~=c==eable lie= == --. := :~-.- :-=-, _.. _ _, ::::e Dis:=:..::= ~s established by ~=e Beard 0: S:":':;:c=-::..scr=-: I ::::e :;::=o;:er::~' or. :a:l:.:a::-..:- ~e =~s=a_ ~-e~ :=~:= September 30, 2CC6. :e7:..ed ~ assess~e=:: ::= ~=.JJ :;:-== - ~ - , :::__8-....1::= :::.==-e f.:.:: ":_'"':E: --- ~5'es5'=e.::::s a::e d:.:.e and :;:a:Ta.b2.e or: ~ro.....Te:nbe::- c: each -::"ea:: -.,... as sac:: ::~e=~:::e= as ::~e ::~( ::011 is ce~:~e=ed ::0 the cc~~y ~~~ collec::o::. ~~e~s a=e ;:acei =~ ;::=~e=~y as of Janua~j 1. All unpaid assessments beccme de:~=que::= =~ ~~=~l ~ =cll~wing ~he year in ~hich they are assessed. Discounts are a::owed ~c= ~~~:y pa?~~~t at the rate of 4% in the month of November, 3% i~ :he non=~ ~~ =e=~~e~, 2% in t~e month of JanuarJ and 1% in =he month of Feb~a~-. Tte assess-->p.....::s ~a.:.d. ......... !-I'.a::ch are ~:.:.hout discount. Cc c= prier =0 June 1 following the assessment year, certificates are sold fer al2. ::.e2.i=c:;..;e:::t taxes on real property. After sale, tax certificates bear i~terest of :8% per year or at any lower rate bid by the buyer. Application fer a =ax deed on any unredeemed tax certificates may be made by the certificate ==:~e= a=~e= a ;e=~cd cf t~o years. ~nsold certificates become ~~e pr~per~y c= ~e ~~~~==, ea=-~~Q ~~terest a= a rate of 18\ per year. - ~:-.~':'X2::S =:::::=:..::= --- "':,"e.a...r, :.::....,.estments cc::.sisted of an interest -bearing bar..k a.c~~unt. :'~ese -...--....= "-~e e::tirely cove:!:'ed by federal depositor.! insurance or by a =~::a~e=~: ~CC~ p~edged to the State Treasurer by fina~cial insti~ut:.ons ~hic~ c~.:.-... ..:.::'~ ,:!:.e :!:'eq-..:.ire!'I1ents of ?lorida Statutes a!ld have been des:.gr:a~ed as ~~~_~=:.e= -___~= ie;cs:.~ories cy =he State T~easu=er. ==e -~~~=~~= s :'=7es~~e:::cs are =acegorized as eit~er {:~ insured o:!:' =ec:s:erei --- .....=...:.::..:: ~~e .=;e::-...:=:.:::.es are he:=' ::~. '::re :>.:.str:..c,: 0:= i=s age::1t :":1 t~e :):s::=,:cc'.s ~a~e, ,~, ~~=sureci ~d unregistered for ~hich che securities are held by tee =~~~e~ =e=_~_,:= :':5 trust ~e;a=t~er.t or a~e::~ i~ ':~e ~is~=ic:'s ~a~e, C~ - ---=--=~.:. ---- -..:.::.recistered ::= ....!::.:::;. ':.::e SE:<::.:r:::.:.es a.=e ::e:d =;::- :'::0:::: =:":Jlcc':: - - - -- ------ :.":.:: ::::--...:.st ::lE::;:::c.=::::~::: 5.se:::: '::1.:: ::s::. ~:: ::~e ::E~=:=: s ~ame :~:e=:::=-:es --~~=-","- -=::....--- --------- ------- :a.==:.:::g .:...:"!1C1"':":::: ~-':.a.: ..:e: 1 : - ---..-- ---. --.------ S:.~6,961 s s 96::. 15 :OW SLOUGH WATER CONTROL DISTRIC~ :~tes to Financial State~e~:= ;:;-=:': :'e~-=-== 30, - 1 6 li~ A 3 ;;('3 _ -~---~- - - . ~ - --.-'.- --~-_._- - --' -_.. --- =~~=~=a S~a:~:~s ---=.-=:.== --- -..- ~_~~=ize~ ~~~ :_~~=_~~ - --- -...-.:::1..- :;.:..-e=--=-e:::-:. :'.._-u::=- - -- --- :-.:::~ ----... =-dm:.:::~-:~~-= -:--:~ -""".,,~--....-. -------- ::e=:::::~:"-= -- -:.-- ------ =-=_:.:::a:.:.:::-...3 ==-:. :ca-::.;=..s - -------- --";:::'_"::"""_-="'='- :=..e ~-:~:::::..-":".e:_-: _=:e=~E:-=~~=:.~= ::..m~ - - - -------- ----- --- u _ --.----- - - _____u__ ::,:::";'::'=:'3._ :..::.s:.:.::::.:.=::..5 - . -- - _::=a:e=. ::: : _==-:=-a ar.=- ==~a.:::.:.=e::. -=-;:-: ---- - -.....- - - ----- _='...."5 : ::.c_:.~a..:.:.=::s ::.=e :ede=a._ -::.....--. Cr.;=:..:: '::;;:=;--~,= ----_. -=-.;:-':, ----- ---.;: :.:c===a;e :.:;~c==..::.::::, :2:.e ?e:::.e:-==-_ .:::::-.-e -'o=.:: ::::'.-: =-=--===:::--= :;~_:"....s, :seC:.l:=::..t:..es or ~a=a.!:,:=eed .::y :~-:e :;C-:e==...T,er::: ~:a.':.:..:::-...a':' any c:;::er.-e!ld or c:'::se-::.-e::::i ma..:-....ager::.e::. -....,.....". :~=:::-:.=5.=~ ~--=s::=:.:i:.::::; . ~ ' . ==_:.ga:.:.cr:s .:.::.~:=.s.=:::e:::.:. ==:::;:~1::.~::= :.::...es:':1e!l:' :.=-...:s~ =eS':..s~e~ed :.:.!"".::.e:::- :.;:e !n~.-es::=e::.~ -~_... -=..... -------- ;c~:.=,;:..;.:.o :.s .. . ~ -. - -- -_...~--- ..' '- _~:.~ea ~:a:.es ::/e~_~e::: -- ._--~--- - - ---------- ~ SC'!3 .; =ITJlL ;..sSETS 3c~ed~le of Chances in Caoital Assets October 1, 2005 Balance 3e?:.e=l:e:::- 30, :'JC6 ;\.ddi t ions ::e:e:::..::=.s 3a="=.::ce Cf:=.:.ce equipmer..t $ $ 343 343 3.;3 Less accumulated depreciation 7 7 $ :; 836 :; 336 :.IOTE 5 RISK MP-..N'AG::::~ T~e District is exposed to various =isks 0= _:55 =e:a~e~ _~ --~-~ :~e== of, damage to, a~d destruction of assets and err:::::-s ~d ::~BS':'::=S~ ~~e =~s:.=:.c:. ~~ a member of the insurance program sponsored =7 :~e ~~c~.:.~ ~~a=...:e ~: :::.:es :cr ~er:eral liabilit.y a.r:d public officials ::.abil:.:-::. =::~:==a~e. ~::e :;==:=3...-:' :;:.:=::::ases excess and other specific coverages ::::-crn ~h~~= ;~~:~ =3--=:~~5. ~~~~e=s ~~ :~e prcgram are billed a..'Ulually for :hei:::- oor:.:.,:::: __... ::-.e :::.-,~e=aSe ;;-~ 5..=e =:ot 3.ssessable :c= ~a!lL:.cipated :"osses :.::c.:=rea . ::.e ;~::===--'"':'._ :"'--=':0:...:.-=:':=_ _:..a.=:._:..:~~ coverage is $2,000,000. ::~ 5~:~3~ WATER CONTROL DISTRICT .:':'-:~-= ~inancial Statements ~-=-::~::-.t-=::- ::D, 2006 16 1"'1 A. .. 4 ..... ~ ----.- - _. - ---- - ~. - . :=,~:;~=-:ati ...:::....;. :.....:.~ - - -- --- :.:.sr.rict are ==~Ei:.=:i - - - - -- ---~- "'~:,:: l,,~~ .:;===~=ate::. -------- - - - - - - ~---- - -- :.::...=:=.=:=-- ~ ---- -- --- ---- Dorti~=- -- the ----- :.-=.e ----- - - - -----~ =a_a.:::::e: ;;:;: ==-;=:...a..:_e - - ~ . -~ ----- ------ ----. ---- .. =;~.::.:.:c rese~.:~.::~ := ~~e _:._~::=e :oL:.. = ".-s : ~ese=-:-=:: - -.... ::.~=~=_..:._==_=. .:.::.-' _ ~-=e.::.::..:. ='~es :'2is =ese-::-,re -,.-as ==ea=.e= ~= =eF=ese~: =::e partie:: --0 ::.LTld oala=.ce :~ea= _ ':2at =ese=-.-e::: =-v--.=.__'_u...... ----- - --- . ." . .:":":::':1 ::r.e nex:: ---'--- ~tC'!E - Y:~l..;!;C:.~':' E':';'.~:= ?-=:=:~;C::.=-~:'=':~;S :'::e =e:cor:..~:...::.3.::.:::.s :....::e :;::-..e=:-..:::e::.: -",.'.:..de ~ina.::=:.a:" 3ta:e:r.e::ts ."';:'::: :::e Gc~e=-~en~a: ~d ~~~c:.a: 3:=:e~=:s are as fallc.s: State~ent af ~e:: ;~set5 ~= G=vE=-~e~tal ?und Balance Sheet ~ota:" =~~ ~a:~ce ~~'=~e=~al =~d balance $106,788 ~~oucts ~e~c~ec =~r =e7e=-~E==al aC~~i~ties in =~e State~ent of ~et ~~se~5 are different because: Ca~ital asse:s ~sed ~~ g07e~-mental activities are not financial resources and, therefore, aze ::..c:: =e=c::-:.e'= -=--=- -:.....=. =......~c;.. 836 ~et asse-::s qC7=--~a:. .=.=:::':'7:...':.:.es $107,624 State!:lent == _~=-::.-,-:.~:.es a=.=. ::-.::-.-e==-~e::::al ~d Revenues, Ext::endit-..:=es a::.d C~a::.ce5 :...=. :-..:.=c Ealance Se:: c:~ge i= =..~~ ~a~a=ce S (7,269) rimou~~s ~epcr:e~ --- ;:~E~-=e=ta: :ctivities in ~~e Sta:.e=.e.=.:. -. ,:;:::':,-,'.:.:..:..e5 :=....= =:.::e~e!:'C because: Gove~~,enta: =~ds =e~c~ capital outlays as '=---:;:E::::i~ ::-..:=es _ ::.:~-.e--,==- :.::. :.~e E".:3.tement c: - - "".-;: --.-=:""- :=.<::~""-....<:: ------ is -. . a_.:.::';:.::~:. :--~:- ~ -- ~:'e~= ~E:.:.=~':e= ~EE:~~ a:-:.:: -,..- - ..-.0::..- - ~- - - ~ -. - ~~;~~=~~:::~ :X;E~5E.. :"ives. This :_-:.~ ~_:.....:... =.:: :.e;:-e::::a.:.::=-_ -::xceec.e=- c=.;':':'E:...;. :-...:rre:=::: ;:er:.::::i. :bang<:- ------ . - -- , -- - - -- : cow SLOUGH NJI.TER CO:r::ROL DISTRICT Notes to Financia: 8~a~e~e~ts Se;::e~..::.e:- :~~R EXP~~I~:?~~ . . -- ------ -.------- ~~_;-==:7...::;er 30, =..:::::-.l:J.t: 2006. ::.::.e -- -.. -- -'---- &_..-= =-::.::;:-=:.':~':"_: --=~s Ex:: e.::. ..:.:. ---='= :-.-::e: 16/1 . - . --- ~'=-e:1C:":'_:::= Ph':so=.=.::' e::-:o==="",.e=_= _::.:.::e -=:.:o:;:e::se A BOY, MILLER, KISKER & PERRY, P.A. CERTIFIED praLle HTOl'l, T "TO;; 16/M] A. . 401 ~)( TH " L. (N L' \\ f'l T F. n In'..... ll.l"~r(J' HuIUD, ~ 'Ifl 'EOVIANS A VE"['E P. O. BOX 490 :...- \BELLE. FLORIDA JJ9-~ ,..,;. ~=l'" kJ.:"'I.>.lw ..\\. \ik31~j""~ b.&..pctlti~ 2OL(:0. 1863) 675-37;:- F .\X l863) 675-0576 :-.i..pc:pas@aolcom JOIl' a ao\.1R.... LP_'- D"ID '. \tILl ER. CF_'- WILLI.\ 'I C. JUSllR.JR. C.P.\.. lOH:'\ ( . PERR\. CP_\.. \IE:\IBERS , 'I r.RJC \, I:'\;STlTl TI Of ( LRnnLDI'tBlIL\CUIl'T"" fl.ORID,I"SnTInm , f_RTlflfD Pt Bue A( (()( "I "IS ?3PQ~~ eN :~1?3P~~ C:}~_C~ :-i=:__~ ?:~j;'.xc=-:;.:. ?2?:'?.'::::C .:...:;:> eN ::::...-.:.::...:..ljc:=: ;'~"-:J :'::~~ :--''';'.:'''':'ER.=; Ell..s:::: .:N .;1,1 .:;'UDIT OF ?:~:;'SC:]'-L STATEMENTS ?ERFCR.."'ffiD IN' .:'.C:::JRD;'~;C::: h!T:.:r 3<J\"E?.1::-!E1IT AUDI:-:::G s:-.::Jm;..:;..:.s Board of SuperEisors Cow Slough Water Control Distr~ct LaBelle, Florida ~e have audited the financial 5~aC~tS ~= ~~e ~c7e~~al aC=~7~ties and the fund information of Ce~ S:ough ~a~er Ccnt~c: =~5==~==, :5 or a=d fer the year ended September 30, 2006, which ccllec~i7ely cC~~~5e :G~ Slaugh Water Control District's basic financial staterre~~3 ~d ~7e ~ss~e~ ~~ ~epar~ thereon dated May 4, 2007. We conducted ou=- au::..:.t ::1 3.ccc~";::;-c~ -0\<-:"::: aud:..'Ci:lg standards generally accepted in the United States of ~~ica ar-d ~he standards applicable ~o :i~ancial audits cc~tai=ed ~ ~=~e===e== ~~~:-== =~~~a~dE, ~ssued _ =~e Ccmpt~oller Gene~al of =~e Unit~ S=ates. :r.~e~al Concrel ,Over :i~a=cial ~e=c~:..~o In planning and per~crmi=g our ~~~~, AE ===s~~~~== ~=. S:cugn ~ater Con=rol District's internal cont=ol ovc~ ~:..~a=c:..al =e~c~~= :..= crje~ ~c determi~e our auditing procedures for t~e pur;cse == ~~e5s~= =~ =p~=icns en the fin~~cial state~ents and not ~o prc7:de a= =;i=:c~ :~ ~~e ~==e~a: ==~~~~~ ever fin~cial ~eporting. Our consideraticn c: ~~e i~~e:-~- =~~==~ =~~= ='-~-cial repor~ing Nculd net ~ecessarily disc:cse 3:: ~~~~e~s ~~ ~~e ~=~===a: ~c=~~cl that ~g~= be rnate=ial ~eaknesses. A nate=~a: Aea.~ess ~s a =e~c~~:e c=nc~tion in ~~ich ~~e design or cpe~atic= =: one :~ ~c~e :: =~e ~~~e=-~: ==~~==~ ==~onent3 ices not ~educe to a relatively :cw le~e~ ~ne r~sk ~~at ~ss~a~e~e=ts caused by e~==r '-'~ ==a:..:d ~- a::-.c"...:::::s -::-~a: .....ot::=. _ _ -3:~=:;_ "::-=_E..::"=:: :..::.e :ina.::.::=-.s.: :::~ e~:'c:'ees :.:: s:a:.e:::e:::.s ~e.:..::-.s 3.:':::':':'~::: "":"..a:. oc:_.: ~..:. :""-.:: .:-= :-=-:-==:~:. ..-: ::-.::-. .=. ::~:-:1ely ;e::.:..:.:: , . =:-.e :-.::=::-a_ - - .. . :=u~=~ =: ~~=::~:== :~~:= ~ss:~e= =-~~c:'~ons. "~e =:::e:: ::: :::a::==s ~::':c::.-::::.= ::_-= L-:,:,:-:-_-=_ ---_:=~_ ':::-.-~= ::"'7".~:-.:::.=._ =;e=3.~':':::: ::.at '",,-~ ::=-.5:':-'::' ::: to:: -~:~::"3_ -"'.;;...':":.7;;,;:=:='=: =--=:::=-:::.::g --- 16 {l.~ A 3 -- "-=-:':~~~ - - - -- - . -_._._..~--- :":::.=...:::=-=...=..=':e- =-.=surance at:c.:.:: -....::e:::e::- _ :.... _ i~~:~~~~:E ;=e free of ~~:e=~a~ ~~~~:~:~-~~: -::;-.;:;.- - -:- ;,;-;:-- ",,!:: ;=--= =.:::~,~.:. ~:::.-==-=~.-:..=...:: =e~~n - - ----- -~ ---- 3.~'?-~~--'; =-=:-.==::;:_:.-=...=.=e provisic:,..E wit::: ....:.____~ :: :. :::....s --- --- - - - - ---------- " ----- ,,--""; -::-~- - -- ------- ~:=e=_= :-=-~ ::.~-::==.:....::...=.::.::::. .:: :::...::.ancial s-:.=.-:e::.e=: a.:::c',:::,:,.; =:= '..e.-~~ . --'."':""-:'~=; -..-.::.~-: :::cse P':-_-~"~:= ....;=.s ---.::,-----,:. -- ---- - ~- :~=:=~:.-=-=_. .e -- ~~: express E~=~ ~ :~:.=:.:~_ _:.e =eE~__~ -- ~E2~=:e~ == :.~:a==eE :: =~~comp~:.~=e == ::.~e= ~::'e=E :~~= ~e =e~~:.=e~ =e;:~:~ --~.::.~ ~:~~~~e~: ~~d~tir= 5:.a:_~a==s. -- =~ -:-::':'3 =e;:c=::. :.::.::'e::..:.e=. ~::e :..::format.:..'.:::: c: 2':::"111 Slot.:g:"l ~'j.;.t.e= =.:::ntrcl :is::=:.c: ~:-_= ~;:. -;:; ;-e-::--=::= , :=:a:.e -::= ?:'orica - - -" - _:::=e ::r :::e .:;.:..:::..:.:=.=- 3e::e!:'a::", ~::c :.s :_::::.e::ce::. ~e ~ s==~::. =c: be uEci a...=.::"cr:e c:......e:=- :::a.:-. ::-.ese s;::ec:.::.ec ;:ar:::es _ ~_e5";:e=: :".:._ -:,. - - =..--. --.=:.'"" ---.-----. :~~~~~!~d ~?;J 20 BOY, MILLER, KISKER & PERRY, P...\.. CERTIFIED Pl'BlIC -\CCOL.:'\ITANTS 16'71A 41 -" .wI SOUTH W.e. OW[~ .\ \'['l [ P. O. BOX -l88 CLEWISTOX. FLORID' 33+10 . ':.:.Lfliil(.,"'~ ~'I.L"ll. .. 11:\--- i.&-"-:':".:... ;: c..~-\. _~ (86J) 983-51..u (8631 983-91M FAX (86.3) 98,3..;-.::; bmkpcp.as~ ~oL~o. ....: ,,-=t.::- "1,,\ -....'" ,.-~.......-" ~~4.aok.A~. 'IL~x,.. JOHN B. BOLJIiL cr_L Dnm N. \IILUJL (.1'_,- l\ t1.U.-\I\I C. k.ISMR. JR... CP._\... JOHX C. PfJlll\.c.1'.'- \. \,lLA.k- \." "....-r HI it ... fUITU1'D)P" J:l.J...- \("rOl'T\'T~ FLUIU.D-\. l'~Tln IT OF 11:R:U-l[l)-" au, \l,-ot '1 \'1.... INDEP~,I::~r: .~L-rJI'!'ORSI Y'.J<j:.I]..GE..r.0IT :'ETIER 30arc == 3~;e~:~scrs Cow S:o~gh nater Cc~trol ~is~r~=t LaBel:~, ?:crida ~e ha~e a~d~=ed the fi~ar.cia: stateme~ts ~f :C~ 21o~S~ ^a~~= ::=t~=: :~Et~=t, f,.;hose headquar::ers is located in Arcadia, Florida, as of a..=..::. ::::= ~e ==-s=a: ~.ea= ended September 30, 2006, and have issued our report =~ere=L da~ed Y~y 4, ::07. We conducted cur audit in accordance '/lith Ur:ited 3t2.::2S S"e::e.=-="':":"=.:. a::::::e:"'.:"Cc::' auditi~g standards and the standards applicable ~o =~=~al ~~5 c===~~d in Gove:::n!!le::1t AuditinG Standards, issued by tb.e Ccmptr::2.':'e::- 3-e::e:=-a..: == =.::'e ::-..: =~:i States. We have issued our Reporc on Internal Contrcl 07e~ ?~~~cia: ~e~c~~=g and on Compliance and Other Matters dated May 4, :20G7. ::Jisclcs-..:zes.:.:=. -;:::a::. report, if any, should be considered in conjunction wi::~ ~h~S ~anage~~~ ~==~e=. Additic:::.a.l2.y, our audit ..--as ccnducted in ac:::crdance .....:.~ __ ===-:-.:.==-:.=-= __ Chapte::- :J.550, Rules or the Audi~or C~~eral. =~::se ~~e5 =e=::..:.== 10.554(:') fh)l.a.) require that '..e address :':1 ::::e -':'-:=-:=-=-:e:=.:: _e"C=e= ___ already a~~essed in ~he aud~tors' refcrt: on c~T.plia=ce ~::. :.=::e=-~: ==::=~:.:=, whether =r ~ot inaccuracies, shortages, defa::::a=~Gns, =~::.~=. ~=;::.= ~::.:;:::..==s of laws, ~..lles, regulations, and contract1,;al prcT:.s~or_s ~e;=:::-":e~ :.::. -:..::= :;::re=~.......:.::.; annual :~ancial audit report have been correc~ed. ~~~=e Acre ~=~e == ~~e=e items d~sclosed in the precedi~g annual fi~cial au~= :r=~c=-:.. The Ru':'es of the Alldit.or General \Section :0.3:34 (1 .. _. _. =e~....:...:..=e ='..:.3;:: -..je address :.::-:. the manager::er.= letter, if :let al=ead..... a:i~==.sE~i :.::e .=....:.=-:..::=.= report. en compliance and ~r.ternal controls, ~het~er cr ~~= =e=c~z~~a:~=~~ ~~~e in the ~recedi~g ~ua: =~~~cial audit =e;c=~ ~a7e =~=~ =:.:::.e=. -=~= .~_~ no reccmmendations made i~ t.he preceding annual =in~c~a: ~udi:: ~.=."""""""""", - ._...,,-,~ -' As re~_:.==-::. :.::e .:-:..:_ es =~e .~:.:,::i:::::::- - . ..;e::e=3._ Se::: n. scope '::-'-"'- . . . - ._~ ..,....=,... ------~_..... :i re~;:. eA" ::::e -=:.-::Vl.:. ?:~ri:i: S:~:~:e5. =e~2.==':'::= =.:.e ::'~'..-=s::-:e::: ~- -, - - ~ ~ _. __4._ ~ - -: .-. ~~r a~=:.=, ~e =e:=~:.::e= ::~: ::~ Section 218.4~5, ?lcrica S:::i~:.:=es. - . -,-,-.- ----...... .":3::== ::~.t::_ ...::.= 16/,~ A .. . -~ ':-- .- :.ie -:....- -' -;: :.-.e ~,a.::a~-==ent -.=,:;:, h) 4.) requ:.=e i::l the audito:-s' ::.:.:;::-..;.c~..:..=-= --=:::~= ;:- =-~-:;;.=-- ~:::'=-=-e=:sed. :.-e::cr:: =-::~:..:::..::..=~ :a.=::: ::m :.:-:-:!!~~~ :=:-.:.:~.::-~ p!::: --~:: -. --- -- :><"s ---~----~ -- :_~ I :::"".lles, -=.~- =--,--:::: - --------~-- ~-.: - ----=-:-~ == ~e :ikely to ha7~ ~r inadequa::e ::==...:.r=~= :. -:-:-=;~= :r _ -_~'::-L =-....- - -.....~ ----- -......--=-- - - - --- -_.~-=.- -=--:: ------.---- ~ '1. ~) - -. --,,--- -:'.- ------- :...:..~=.:.::E'""...:.=es 3.C::='..:r:.::.:-.:: s::a::e~..;'::':'E .::=.. - -~..:: -------- 'F...-_ ___'u -~ ----- - ---------- ::::.::e:.- :.-=....::.::--....:..=~=:.eE ==-:-:::= _ - ::-e::==:: :--~-=::~ tr~-~a=~~==s 3....-";: :: -. , == :..=..:.~ =::':-:Je ':c ~":::=:=:.:i=~5 . - - - - -- -------~..- 5.::= :=E::~.ces c: _____ :::..::- a:.:.iit d.:..s:::::.::e:: . . . ="::"3==~"e=e::. =e=-...:.:.:.-:::.:::- - - ':::'':'.:=2.0.5--.:.=e ::~~ ~::~:':'~ == ::~e ;::---- --... -------. .--g,...... :.::e :::: :-r..=.:':e=.=: - - - - . _....::,::" .-"":""':""::2r ,....-=-=~ - ~------ '~e~'t.:..::~ The Rules c= =~2 A~di=or Ge~eral ::ar.:e == =:::::".::'=.1 t:.:::e =-._ _=_=- ::::::m;:c::e::: ~f -~-- --~- -~- ------ Ee::t:.:..::::::J. :J -==4 i:, ::/ =-.) also :::-eq"..l:.re ::~= :~e ~r:.~ary sc~e~~e::: ::::at r:.!:e 3.::= eac:: '-l..'1.2.ess disc:'csed Cor-ere:' :~s:r~=:: :.=.e ==;::==.:.=.; ~:::.=-- .=.e i.:...sc':".:se.:: :.:: ::he :..::e '::::::t:es -:~e - . :=--=a::.c:..3._ s::a:e."':'lents. ~~-~se=e~= lec=e~1 :::~ S:oug~ Xater ~;c. ____, :"a'^.s c:: Florida. ~c::s .:f 1==? -~e=e are == :~e= e=t:~=~es :~at are ::::~s:.de=ed == ce ccmpo~en= ....:...."1::..:s =eq-..:.:..r:..::g ::.:.s:::'':E"".:=e =-= ~e 3"e::era_ pt:.rpose fi -;:0"'" c:. a1 s:a:.e:r.e!:ts of Cow Slough Water CC~::==: =:.s~~~. ~as ==ea::e= =7 ~~=:e= =:-~:6. S~-;=e 3ill As requirea ny the ~ules of ~e ~~~=c= '~~~=al :Se~::icn lO.55~ :) (hi6.a.), tee scope of our audit ~C:~ced a =e7~ew of ::~e Frcv:.sicns of Sect:.cn 2:8.3J3(1), Florida Stat':ltes, rEg~d.i::g f": ...,;:O....,....:..L e:ne..r=:=e::c:.es. =:1 connection ioTith our audit, "Ne determined 'that C::. S.2.c:..:.g::. Aa.r:e~ Cc=:::~:)l .J:.st:~.:..ct. is noe: :.n :3. state cf financial emergenC"'j' as a ccr..seq-.:.e::.ce ""... :.r:e condit:.cns desc~ibed in Secr:ion 218.503(1) Florida Stat~tes. As required by the Rules of the Auditor General (Section 10.554(1) IhJ6.b.), we determined :.l:.at :.he a.:-...::.::.a.: .:.:-.:;--- :::.-- ==:-.c=-= ::.== c=. .s':'=:..:.gh Wate:!." '::C:l::=:): ::J.:..s=.ricr: :or the fiscal yea.:::- e=..:ied. Ee:;r:e:=be.r _...., 2J::;6, fi:'ed '..,ith tl:.e l:e:t:artment cf Banking and Finance pu::;: =-":. ':0 Se-=t:':"=::l 2:.5. _ 3:, Flcri:ia Statutes, ':"8 :.::a. ag=eerne!":t "Nith ~~e ar~~a: :ica==:.~ a~~~:: =e==~ ___ -~e =:.s=a: ~rear e~~e= Sectembe~ 38, 2006. As required by the ~~:es of :'~e .~~::cr~eral (Sect.ion 10.554(:) Ih)6.c. and 10.556), ~e applie= =:'-A~=:.a: =.=---=:~= assessment procedures. It is management's =espons:.b~l~=y ':o~=i~=~ =~e e=t.it.y's =i~ancial cor.d.::::.on, and ~ur financial (:cr:ditior: 5..$sess;:..e::: '.-a~ =ase.;: ~a.r:. en representa::,:,o:lS made by management and the ~e~~~v =~ :~~=ia: :.~=:~~tic~ ;~=7ided =y ~ake. Th.is :nanagerr,e=::: :et-=e~ :.5 :"::-.:e=.ie::' .s':::_e_ --~ ::::e :..::::.:::r:r.at:.on c:: C':.'; S~O'!..lg.n ;'la::e~ Control District and ~geme~~, ~=a ~~e S=~=e cf ?lorida Office cf t~e Audi~or General, a::d :5 !"lot :=::e:::::'E"::' - - .::::::. =.=..::::.....-= ::.:::: =-e ~sed by 3.::-;'::::e ::::t:..e:::- ::~a:: :~ese s;ec:::~= par~ ?es=e'.:::-...:~::' . ,-=-,:t:o; ~ ;1I~/de /~- , .~-. . ~","'- . ~a_. .,., _~'''; . - ;, ,,,- 16 /',~ A .. . ~~e ~~:~S ~~ :~e -:::.e -.='::'3,;-=:=ent _::.~~:..::: ~-.-'.: . - - "-- --.'-- h) 4.) requ:..::-e ~~~esse= i~ the auditc=s' '='::::"T ::':'S::":'CE'"""':=-=- =---=-~ - - - --- =:~~:~~~ ~= ~n :~~!=-~_ =e::::r: ~- ::~:.:~=~~~ pI: __.. :.~-=--~~= :r -__~=L _. --- -- - - -- -- --- :3.'N'8, r'...lles, =~::-~_a::.:.::::::o :-:~'! - - - -=-=~.:: := ~=-e ::.kely to ~'1a-..e :lr inadequc-:::e = = =...:.r::== = .::;....-.....- - -;.::!O ----- -.....--.....=-- - - - --- 3.C::::'.:.r;::':-.::: ---~.::.-. -".~ ---'----- -- ~ 3. ..;,) - -. -""'"-- - ------- :..:..~=_=_.:F..:=es f==7r: -:::e :~=.:.s2 tr~-~a=::~=~~ -. ----- - ----------- ---------- - - - - - ----- .----- ::::. - -.co: ----- -- :-~:::=_-- =:t:::=:: 3.::.= = ~~~e= ':"~=~~~~eE s'::""==:3.=e5. - - - - -- --_.- -- .-... -== :.--:;;:. ==~ ~c --... ::--.:..-- - ~ -~ -':..;:;;. -- - ---- -- -- -..------ ------- :::-.E::.a..::ces c: _____ .... ,:,;-_.-~_=-"" :-~ a~jit d:s=::se= ~= 7~:':e=s req'..l:"=:=; ::'':'.==2.05:.:.=-e '.:.::=e= -:::e -".-- -....oyo -~--- C ==-e==:" "3e~:::..::::!:.s - - - - . -".::::, ~ , . ':'he Rules ::.::.e A:...:..:i.::.:::i:::- :;e:r:e:::-a2. t:.::':"e :.:::. :'=~:.':" =::.mpcr:e::: :Jf :.::e .::e;=~.:.== ~=:...::-- Se=:::.=~ ::_==~ ~J5.) also =e~~i=e :'::-=-=-::==-::-.- ::==- -:.2:.e ;::=:.:r.ary sc-;e~~e:1.:: . - . . ::e ~=c_=sc='.:.~ :ne ~~;se=e~: :::::at t!:.e ;;L.;.:=' eac:: ~a~e ~~ ===:'=:"=1 '..:.::~ess :i:.sc:'csed :.:..e .:""_::'::5 -.------ ---=--......-:.- le'C::e~, C:::r:t::-ol :::5:Z-:::"::: to."as ==!!.3.:e:::. ==::- ........;:;:-:e= :;-';:f. Se:::ate 3ill ~;c. ____, :"'a'^'s c:: Florida. Acts ::.f l=~:. ~~e=e a=~ ~ :::~e~ e~::::es :~at are ==~s:je=ed == ce component ~~i::s =e~~.:.=:=; i~s=:"=~~e ~ -~-;i~e=a: ~~rpose fi~~~c:.al s:ate~e~ts of Cow Slough ~ate= Cc~~i=~ =:.s~=i~o s:a::E.;."!lents. :=~ S:"ough ~ater }\.s required by the :;(u':es::f ~e _:;':;.c.:.::::.:= ':;.e.....""=al :Sec::icn 10.554 :) (:!liO.3.,), tr:e scope of our audit :'~c:~=ed a =e~e. == ::~e prcvisicns of Secticn 2:8.503(1), Florida Statutes, rega=~=g ::..;.,..,;:.........i=- e.~=e::.c:..es. =::t connecti::::r: -...rich our audit, 'Ne deter:nined 'that C.::-. 3~C';.:.g~ ^ace~ c::::=:==::l Dis::::::..c= is not .:..n a state cf financial eme~genc-j" as a ccnseq-.:.e::ce '-'..... ::!':e conditicns desc::.-ibed in Sec=icn 218.503(1) Florida Sta=~=e5. As required by the Rules of the Audicor General (Section 10.554(1) IhI6.b.), we determined ':::at: ':he .==--=.::.a.:. =~-=-a:. =-=:-==:: =:= C::.... S::::.:gh Watez- Ccn:'::'-:J: :l:.scric'C :or the fiscal yea::- --":ed Se;:'C~ ..:...., :JJ-5", :::::._ed. oN"ith tt..e ::e:;:artmenr. ::::f Banking and :~....=oT].ce ?~~ ;:;;--~ :'0 Se=--=--c.:J. ==_32. F2.cri:ia. Statutes, :"5 :":I agreeme!':.t "Nith '::.:.e ar..r..1.:a':" :ir=-::::'L ;.:.::::..:: =e~.::=-= _-'_ ::':::'e __::__.:1._ ~'~ear e::.:ied SeI'tember 30, 2006. As required by the ~~:es ~: ':~e ~:.:~~=:= C~::eral (Sec,:.:.on 10.35~(:) Ih)6.c. and 10.556), ~e applied =~-~~c~a: ==-n";~.:..o= assessment procedures. It is nanagement' s ~espoI!.s:'=:::, :::~ ::::: :::c::::..:. ::==- -:::.e ':::.-:.:. :...,' S ::.::.ancial cc-r..di:.::..on, and:::l'!.l:::- financial ccr..di~ion a.sse.ss:::.e:::.:: -.-as =ase-:I :".:1 =ar:. ~n represen'Ca'C:.o:1.S mace by :nanagement a.'1d :he :"e..~:e'. :: ::"::"'::.=:..a_ :'::'::::~--c:i.cn ;::::-::::~,.ided .::y S'arr.e. '!'~.is T.ar:ase~.e=::. :et::e:::- -="5 :':-.:.e::'=.e-::. ----_, ---- --= :..:"-:::r:r.at:.on c: C::':J S:'O:.Ig~ :'la:.e~ Control Distric:. and ~ageme~~, a=d :he S~~~e af ?lorida Office cf tee Auditor General. a=-:.d :'5 !"lot : :::-=::":=.:-:: - _ :..::::. ___ _= :::e "..:.sed by 3.::;*::::e :::.::e::.- -::-:a:::. :::ese :;::ec:::: :-:-:--= par: ?.es;:e'.::.:..;=.:' ~ -=...--.: t:.::--:. ~ IJfJl&,J~ .,,-~ . ~ -,....- . .c;::._, .,.. _ ~ -' ~ .. '- J~ " , I,r 1 6 "1 A 3 COW SLOUGH WATER CONTROL :l:~~"'::C':' P.O. Box 10:85 Arcadia, Flor~da ;~::5 :~a~- -= r ~:~:~~'2 ?~S~C~SE TO ALL:~:RS! ~2:C~~S ~~0 ~~GEMEhc ~~TT~R N~::~a~ 0. Mor~ce, CPA A"..ldi~c'!: C-er:eral 5~a~e c= =lor~da =ear y~. 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" t:> '1 " !:. = " :: !:. '" ~ ;:., ~ ~ ~ ~ ... c 3 J{aftfeman Creet~aintenance CDretfoing ~.s. fJ:V. flamory Committee 2885 S. Horseshoe Drive Naples, FL 34104 April 26, 2007 AGENDA I. Call Meeting to Order at 4:00 p.m. II. Attendance III. Approval or Modification of Agenda IV. Approval of March 29, 2007 Minutes V. Roberts Rules of Order Presentation - Sue Chapin VI. Transportation Services Report A. Budget - Caroline Soto B. Project Manager's Report - Darryl Richard VII. Old Business VIII. New Business A. Open Items for Future Discussion/Action 1. Final Report on Current Project 2. Quality of Seawalls to Prevent Silting 3. Property Valuation 4. Taxing by Valuation vs. Frontage 5. Stormwater Runoff and Drain Maintenance 6. Marine Patrol of Haldeman Creek B. Set Next Meeting Date, Time and Location IX. Public Comments X. Adjournment 16/1 a 1 Fiala "j \I/Ik" Halas-.....-7"":---- Henning_~~~.--- Coyle _~K:=--.- COletta .-ZliL_- Mise Corres: Oate to \ \ J ;:(} item # j to.1' \ b \ COPies to Collier County Transportation Bldg/East Conference Room 2885 S. Horseshoe Drive Naples. FL 34104 1 J{altfeman Creei.,!M.aintenance CDretfoing !M.s. q: V. fltf'Visory Committee 2885 S. Horseshoe Drive Naples. FL 34104 16/1 8: 1 ~. March 29, 2007 SUMMARY A quorum was established and the agenda approved. V. New Business E. Election of Officers and their yearly Terms Vicki Tracy nominated Roy Wilson as Chairman. No other nominations were made. Carried unanimously 5-0. Tom Briscoe nominated Karen Beatty as Vice Chairman. Karen Beatty nominated Vicki Tracy as Vice Chairman. Karen Beatty declined the Vice Chairman position. No more nominations for Vice Chairman were made. Vicki Tracey is the Vice Chairman. Terms were volunteered to be set as: Joe Patton- Roy Wilson - Karen Beatty- Tom Briscoe- Vicki Tracy - 3 years 3 years 2 years 2 years 4 years III. Transportation Services Report A. Budget 1. Review of Millage Rate Karen Beatty moved to establish a .10 millage rate to cover administrative costs to meet and make plans. Second by Vicki Tracy. Motion carried unanimously 5-0. V. New Business 1 16/1 B C. Schedule Roberts Rules of Order Presentation by Mancan 1 Karen Beatty moved to have a presentation on Roberts Rules by Mancan at the next meeting. Second by Joe Patton. Motion carried unanimously 5-0. G. Establish Meeting Date and Time Joe Patton moved to have monthly meetings until May and then take off June, July, and August and start again in September. Second by Karen Beatty. The next meeting will be April 26th at 4:00 p.m. Motion carried unanimously 4-0. 2 1lali1eman Cree~;Maintenance (])red"gino ;MS. q: V. JftfTJisory Committee 2885 S. Horseshoe Drive Naples. FL 34104 16(ll11 J March 29. 2007 MINUTES I. The meeting was called to order by Darryl Richard at 4:14 p.m. II. Attendance: A. Resolution 2007-56 1. Introduction of Members - Victoria Tracy, Larry Joe Patton, Roy A. Wilson, Karen L. Beatty and Tom Briscoe Members: Karen Beatty, Tom Briscoe, Joe Patton, Vicki Tracy, Roy Wilson County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator, Margaret Bishop, Diane Flagg Others: Michelle L. S. Guerrero- Mancan 2. Introduction of Staff Members and Mancan Transcriptionist Darryl Richard introduced himself and Tessie Sillery. Diane Flagg introduced herself. She mentioned that line item "V. New Business, E. Election of Officers and their yearly Terms" needs to be addressed after introductions. She added that the budget for the MSTU needs to be set by April 1 st and the MSTU needs to decide if a millage rate needs to be set. The meetings can be conducted monthly, quarterly or any interval decided by the Committee. She reviewed the millage rate worksheet. The MSTU was formed to create a dredging project it will not be dealing with storm water issues. The homes within in the MSTU all have water front access. She estimated setting the millage rate at .1 mills would generate $9,090 and should cover the expense of monthly meetings, research by staff and the creation of a master plan. She then reviewed how MSTUs work. Joe Patton introduced himself. Roy Wilson introduced himself. Karen Beatty introduced herself. Tom Briscoe introduced himself. 1 Vicki Tracy introduced herself. 16/1 n 1 1.,..1 V. New Business E. Election of Officers and their yearly Terms Vicki Tracy nominated Roy Wilson as Chairman. No other nominations were made. Carried unanimously 5-0. Tom Briscoe nominated Karen Beatty as Vice Chairman. Karen Beatty nominated Vicki Tracy as Vice Chairman. Karen Beatty declined the Vice Chairman position. No more nominations for Vice Chairman were made. Vicki Tracey is the Vice Chairman. Terms were volunteered to be set as: Joe Patton- Roy Wilson - Karen Beatty- Tom Briscoe- Vicki Tracy - 3 years 3 years 2 years 2 years 4 years III. Transportation Services Report A. Budget - Caroline Soto 1. Review of Millage Rate Postponed until after Margaret Bishop's presentation. B. Project Manager's Report (Explain) - Darryl Richard Postponed until after Margaret Bishop's presentation. C. Update on Current Haldeman Creek Stormwater Project- Margaret Bishop Margaret Bishop displayed an aerial view of the Haldeman Creek Stormwater Project. June should be the date of completion. She mentioned that there are difficulties with the project because they have not been able to dredge down as far as originally proposed due to hitting rock in some areas. Depth charts before and after dredging were shown. Some areas are set to be re-dredged. Margaret Bishop clarified that detailed end of project measurements would be available to the Committee. 2 16/1 B 1 It was mentioned that channel markers are within the jurisdiction of the MSTU. Darryl Richard will notify the Committee Members once the final project report for the Haldeman Creek Stormwater Project is complete. Discussion ensued on how the dredging was done with a 20 ft. swath with a rise to the banks. Margaret Bishop noted that it took around 2-3 years to permit the project. She took note of locations of concern within the project as brought out by Committee Members. She agreed to research the schedule of maintenance on storm drains. A. Budget 1. Review of Millage Rate Karen Beatty moved to establish a .10 millage rate to cover administrative costs to meet and make plans. Second by Vicki Tracy. Discussion ensued on when the millage rate funds would be available and when the millage rate could be raised. Darryl Richard telephoned Diane Flagg finding out that once the trim notice goes out then the millage rate can not be increased for another year. The decision to change the millage rate would have to be made by June. Motion carried unanimously 5-0. IV. Old Business V. New Business A. Review Ordinance & Boundary Map (Q & A) Covered with handouts. B. Review Sunshine Law email Covered with handouts. c. Schedule Roberts Rules of Order Presentation by Mancan Karen Beatty moved to have a presentation on Roberts Rules by Mancan at the next meeting. Second by Joe Patton. Motion carried unanimously 5-0. 3 D. Establish Items/Projects for April Agenda 16/18 1 E. Election of Officers and their yearly Terms Previously covered. F. Vote on Millage Rate Previously covered. G. Establish Meeting Date and Time Joe Patton moved to have monthly meetings until May and then take off June, July, and August and start again in September. Second by Karen Beatty. The next meeting will be April 26th at 4:00 p.m. Karen Beatty left the meeting at 6:06 p.m. Motion carried unanimously 4-0. VI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:08 p.m. The next meeting can be Thursday. April 26. 2007, 4:00 PM Collier County Transportation Bldg/East Conference Room 2885 S. Horseshoe Drive Naples, FL 34104 4 r1'2.ll~".:Soa, 1O'l- "- ~'V ,t.. ...", "" ~ ~ DEe 2IlO8 ~ \\ RECBVED ~l \~ ...... , 0>", 1," <L 9L S~ 17~ ,<-\ AN ORDINANCE CREATING THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE HALDEMAN CREEK MAINTENANCE DREDGING ADVISORY COMMITTEE, APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR THE OFFICERS OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. 16/1 ORDINANCE NO. 2006-~ WHEREAS, on May 9, 2006, the Board of County Commissioners was informed that upon the completion of the Haldeman Creek Dredging project that an involuntary Municipal Service Taxing Unit would be formed with an initial millage to be established not to exceed 3 mils to address any future dredging needs; and WHEREAS, the Board of County Commissioners, has determined that the creation of a municipal service taxing unit is the best method for implementing and funding future dredging requirements of the public waterway areas located therein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE, Authority. This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200, Florida Statutes, and other applicable law. SECTION TWO. Creation ofthe Municipal Service Taxing Unit. There is hereby created and established the Haldeman Creek Dredging Municipal Service Taxing Unit, hereinafter referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Exhibit "A" which is incorporated herein by reference. . SECTION THREE. Purpose and Governing Body. I . The MSTU is created for the purpose of providing maintenance dredging within the MSTU as determined by the Advisory Committee. The Maintenance Tasks shall include but not be limited to: A. Maintenance Dredging; B. Maintenance of navigational channel markers; ,... 'Cl i .~ i...,Y 1 ,J ,.,. 16/1 B 1 The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR. Funding and Levy of Taxes. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October I to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed 3 mils per year. SECTION FIVE. Tax Assessment and Collection. Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. Creation of the Haldeman Creek Dredging Maintenance Advisory Committee, Appointment and Composition, A. There is hereby created and established the Haldeman Creek Dredging Maintenance Advisory Committee, hereinafter referred to as the "Committee." B. The Committee shall consist of five (5) members which generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and/or the communities within the MSTU. C. Appointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. Terms of Office of the Advisory Committee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) Member shall be appointed for a term offour (4) years. 16/1 fJ ~; o:.....t 1 Thereafter each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among its members. Officer's terms shall be for one (1) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorwn of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of the meetings, resolutions, reports and exhibits, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001-55, as it may be amended, or by its successor ordinance. SECTION NINE, Functions, Powers and Duties ofthe Advisory Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in Carrying out the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1st of each year, meet with the County Manager or his designee and outline to the County Manager or his designee those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June 1st of each year, the County Manager or his designee shall be 16/'] B 1 authorized to submit a proposed budget to the Board of County Commissioners. C. The Committee shall recommend work programs and priorities to the County Manager or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Said work may be preformed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. SECTION TEN. Duties of the County Manager or his Designee. The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above. C. To provide periodic written reports to the Committee, and the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners and/or the Committee. D. Attend all Committee meetings. SECTION ELEVEN. Review Process. This Advisory Committee shall be reviewed once ever four (4) years commencing 2006, in accordance with the procedures contained in Collier County Ordinance No. 2001-55, as it may be amended, or its successor Ordinances. SECTION TWELVE. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 1611 iJ 1 SECTION THIRTEEN. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article", or any other appropriate word. SECTION FOURTEEN. Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 12th day of December, 2006. DATED: '-, . C;)I::, "! ATTEs:F: .' . < ::., ~-r, . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA D\\ZIDH1;. Ei;l3Rg>C~,cCLERK , ~-'... '..., ' '.. :";:i By: ~.>2~- FRANK HALAS, CHAIRMAN Approved as to fonn and ~iJ2)~l Scott R. Teach, Assistant County Attorney This ordinance ti:2d l/,1i.;'h ii," Secretory of State's Off~ ~ day of12ec... -~.-_. and ackno.wiedge~Tient 54 t~lc1 filing received thIS ~ GOY ofnq~~kLw&~ , ~l Clerk. 16/1 B 1 Exhibit "A" The Haldeman Creek Dredl!:inl!: Municioal Service Taxinl!: Unit LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP 50S, RANGE 25E, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP SO SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THENCE S.89022'57"E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT B, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND CONTINUING ALONG THE SAID PLATLlNES FOR THE NEXT (8) CALLS, (1) THENCE N.00023'S7"E. FOR 11.0S FEET; (2) THENCE N.S1036'02"E. FOR 309.0S FEET; (3) THENCE N.64013'11"E. FOR 80.05 FEET; (4) THENCE S.51036'02'W. FOR 5.00 FEET; (5) THENCE S.38023'58"E. FOR 404.47 FEET; (6) THENCE N.51036'02"E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. 41, (7) THENCE ALONG SAID RIGHT-OF-WAY, S.38023'58"E. FOR 128.47 FEET; TO A POINT LYING ON THE NORTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (8) THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S. 41, S.38023'36"E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THENCE CONTINUING ALONG SAID RIGHT-OF-WAY OF U.S. 41, S.38023'36"E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.50049'31'W. FOR 131.60 FEET; THENCE N.89035'01'W. FOR 353.34 FEET; THENCE S.00oOO'20"E. FOR 60.00 FEET; THENCE N.89041'20'W. FOR 420.00 FEET; THENCE N.87"26'59'W. FOR 22.00 FEET; THENCE N.89056'20'W. FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT-OF- WAY OF DOMINION DRIVE, THENCE N.00003'40''E. FOR 12812 FEET; THENCE S.89036'10'W. FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT-OF- WAY OF DOMINION DRIVE, THENCE ALONG SAID RIGHT-OF-WAY, S.00003'40'W. FOR 474.69 FEET; THENCE S.89052'50'W. FOR 294.56 FEET; ALONG THE NORTH RIGHT-OF-WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN.PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S.89052'50'W. FOR 350.00 FEET; THENCE N.OOoOO'OO"E. FOR 3S1.01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROUGH A CENTRAL ANGLE OF 60016'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29055'35"E. FOR 40.00 FEET, TO; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRAL ANGLE OF 60001'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29055'35"E. FOR 40.18 FEET, TO ; THENCE S.89052'50'W. FOR 100.00 FEET; THENCE S.OooOO'OO"E. FOR 89.89 FEET; THENCE S.890S1'30'W. FOR 700.00 FEET; TO A POINT ON THE EASTERLY RIGHT- OF-WAY OF BAYSHORE DRIVE, 16'la 1 THENCE CONTINUE S.89051'30'W. FOR 100.00 FEET; TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF BAYSHORE DRIVE, THENCE ALONG SAID RIGHT-OF-WAY, S.OooOO'OO"E. FOR 469.63 FEET; TO A POINT OF CURVATURE; THENCE LEAVING SAID RIGHT-OF-WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89050'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44055'13'W. FOR 35.31 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.89050'2TW. FOR 1,215.98 FEET; THENCE S.55035'14'W. FOR 60.57 FEET; THENCE S.89035'14'W. FOR 325.71 FEET; TO A POINT LYING ON THE EAST BOUNDARY OF TRACT B, OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12-15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG SAID pLATLlNE FOR THE NEXT (3) CALLS; (1) THENCE N.00013'OTW. FOR 132.86 FEET; (2) THENCE S.89035'11"E. FOR 30.47 FEET; (3) THENCE N.00013'OTW. FOR 1,335.47 FEET; THENCE LEAVING SAID PLATLlNE, S.82000'10'W. FOR 156.35 FEET; ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754, PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR THE NEXT (42) CALLS, (1) THENCE S.76041'21'W. FOR 164.00 FEET; (2) THENCE S.22049'49'W. FOR 61.06 FEET; (3) THENCE S.5002T04"W. FOR 101.55 FEET; (4) THENCE S.58051'50'W. FOR 56.28 FEET; (5) THENCE N.84040'34'W. FOR 72.34 FEET; (6) THENCE S.7600T47"W. FOR 113.00 FEET; (7) THENCE S.54005'36'W. FOR 90.85 FEET; (8) THENCE S.25009'38"W. FOR 25.65 FEET; (9) THENCE S.17003'56"W. FOR 23.41 FEET; (10) THENCE S.11001'23"E. FOR 55.54 FEET; (11) THENCE S.04020'38'W. FOR 94.75 FEET; (12) THENCE S.32014'25'W. FOR 159.05 FEET; (13) THENCE S.07"38'14"E. FOR 34.43 FEET; (14) THENCE S.35032'27"E. FOR 94.54 FEET; (15) THENCE S.03016'5TW FOR 292.24 FEET; (16) THENCE S.42037'09'W. FOR 111.02 FEET; (17) THENCE S.20033'59'W FOR 99.26 FEET; (18) THENCE S.21022'23'W. FOR 71.83 FEET; (19) THENCE S.52012'31'W. FOR 408.66 FEET; (20) THENCE S.62028'18'W. FOR 230.33 FEET; (21) THENCE S.30040'44'W. FOR 192.53 FEET; (22) THENCE S.17"19'34'W. FOR 219.43 FEET; (23) THENCE S.44020'44'W FOR 94.89 FEET; (24) THENCE S.58045'28"W. FOR 215.33 FEET; (25) THENCE S.05021'48'W. FOR 42.63 FEET; (26) THENCE S.06059'10'W FOR 376.44 FEET; (27) THENCE S.52038'49'W. FOR 245.54 FEET; (28) THENCE S.87"24'12'W. FOR 105.57 FEET; (29) THENCE S.50011 'OO'W. FOR 11.53 FEET; (30) THENCE S.11039'26"E. FOR 79.74 FEET; (31) THENCE N.67"33'55"E. FOR 13.98 FEET; (32) THENCE S.21004'35"E. FOR 104.77 FEET; (33) THENCE S.70016'20"E. FOR 48.32 FEET; (34) THENCE N.79053'45"E. FOR 98.25 FEET; (35) THENCE N.59011 '08"E. FOR 124.42 FEET; (36) THENCE S.59051 '49"E. FOR 22.11 FEET; (37) THENCE S.06034'3TW. FOR 208.89 FEET; (38) THENCE S.61036'29'W FOR 112.07 FEET; (39) THENCE S.89030'13'W FOR 119.20 FEET; (40) THENCE S.51013'33'W. FOR 86.86 FEET; (41) THENCE S.35033'53'W. FOR 84.64 FEET; (42) THENCE S.43047'56'W. FOR 135.55 FEET; TO A POINT ON THE WEST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALSO BEIN THE WEST LINE OF TRACT B OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT 16/1 BOOK 14, PAGES 12-15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00012'53'W. FOR 203.32 FEET; THENCE N.00009'12'W. FOR 643.41 FEET; THENCE CONTINUE N.00009'12'W. FOR 1,391.07 FEET; THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B, N.14045'47"E. FOR 199.17 FEET; THENCE N.00006'21"E. FOR 427.72 FEET; TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OR BOOK 3001, PAGE 2697 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00043'42'W. FOR 1,295.38 FEET; TO A POINT ON THE SOUTH RIGHT- OF-WAY OF MARLIN DRIVE, THENCE ALONG SAID RIGHT-OF-WAY, N.89031'33"E. FOR 1,305.55 FEET; TO A POINT ON THE EAST RIGHT-OF-WAY OF PALM STREET THE POINT ALSO BEING ON THE WEST LINE OF NAPLES LAND YACHT HARBOR, A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG SAID WEST BOUNDARY LINE, N.00038'25'W. FOR 1,374.49 FEET; TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR, THENCE ALONG SAID NORTH BOUNDARY LINE, N.89033'52"E. FOR 1 ,247.66 FEET; TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR. THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00033'08"E. FOR 616.83 FEET; THENCE S.89032'43'W. FOR 623.36 FEET; THENCE S.00035'47"E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.89032'43"E. FOR 150.81 FEET; THENCE S.00035'07"E. FOR 100.00 FEET; THENCE N.89019'24"E. FOR 159.27 FEET; TO THE WEST RIGHT-OF-WAY LINE OF ARBUTUS DRIVE, THENCE S.00035'47"E. FOR 992.99 FEET; THENCE S.77052'26'W. FOR 255.21 FEET; THENCE N.00035'47'W. FOR 994.00 FEET; THENCE S.89024'13'W. FOR 20.00 FEET; THENCE N.00035'47'W. FOR 50.05 FEET; THENCE S.89032'41'W. FOR 40.00 FEET; TO A POINT ON THE EAST LINE OF NAPLES LAND YACHT HARBOR A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.00035'47''E. FOR 1,086.59 FEET; THENCE N.77052'26"E. FOR 684.32 FEET; THENCE N.00oOO'42"E. FOR 131.01 FEET; TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEMERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF BECCA AVENUE, THENCE S.89059'03"E. FOR 297.97 FEET; ALONG SAID RIGHT-OF-WAY LINE, THENCE LEAVING SAID RIGHT-OF-WAY, S.00006'52"E. FOR 252.07 FEET; THENCE N.89053'08"E. FOR 60.00 FEET; THENCE N.00006'52'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF BECCAAVENUE, THENCE ALONG SAID RIGHT-OF-WAY. S.89059'03"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.00006'52"E. FOR 252.07 FEET; THENCE N.89053'08"E. FOR 60.00 FEET; THENCE N.00006'52'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF BECCAAVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S.89059'03"E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S.00006'52"E. FOR 252.07 FEET; THENCE N.89053'08"E. FOR 60.00 FEET; THENCE N.00006'52'W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT-OF-WAY, S.89059'03"E. FOR 270.00 FEET; TO A POINT ALSO ON THE WEST RIGHT-OF-WAY OF BAYSHORE DRIVE, THENCE S.37"24'59"E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT-OF- WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.89053'08"E. FOR 193.85 FEET; TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC P if / "..."' 1 1611 B 1 RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, (1) THENCE N.00006'52'W FOR 799.75 FEET; (2) THENCE N.89057'01"E. FOR 44.86 FEET; (3) THENCE N.00006'20'W. FOR 10.38 FEET; (4) THENCE S.64007'22"E. FOR 45.88 FEET; (5) THENCE N.38009'22"E. FOR 205.26 FEET; TO THE WESTERLY RIGHT-OF- WAY OF U.S.41, (6) THENCE ALONG SAID RIGHT-OF-WAY, S.51050'39"E. FOR 115.49 FEET; (7) THENCE LEAVING SAID RIGHT-OF-WAY, S.38009'32'W. FOR 190.01 FEET; (8) THENCE S.51050'42"E. FOR 89.71 FEET; (9) THENCE S.00053'09"E. FOR 220.16 FEET; (10) THENCE N.88053'51"E. FOR 147.79 FEET; (11) THENCE N.01006'06'W FOR 100.00 FEET; (12) THENCE S.51050'11"E. FOR 10.78 FEET; (13) THENCE N.01006'09'W. FOR 245.43 FEET; TO THE WESTERLY RIGHT- OF-WAY OF U.S.41, (14) THENCE ALONG SAID RIGHT-OF-WAY, S.51050'34"E. FOR 15.05 FEET; (15) THENCE LEAVING SAID RIGHT-OF-WAY, S.00042'52"E. FOR 653.02 FEET; (16) THENCE S.89058'17'W FOR 4.98 FEET; (17) THENCE S.00042'52"E. FOR 291.22 FEET; (18) THENCE N.89055'57'W. FOR 9.98 FEET; (19) THENCE S.00042'55"E. FOR 672.72 FEET; THENCE N.89049'00"E. FOR 145.13 FEET; THENCE S.00019'20"E. FOR 30.00 FEET; THENCE N.89049'00"E. FOR 450.63 FEET; THENCE N.00019'20'W. FOR 30.00 FEET; THENCE N.89049'00"E. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11,678,801 SQUARE FEET OR 268.1 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE, WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50 AS BEEING EAST. I IIJ) . .1 . II . .. .. .. I . I .. .. .. II II II II m J B 15 [these materials Were presented at. the ~lorida Association of County Attorneys (FACA) 2003 Annual.~emin.r held. on June 18 - 19.2003. in. Orlando. Florida. The materials are the product of ~atricia Gleason. MS. Gleason serves aa General Counsel in the Office of the Attorney General and is the Editor of the' Government in the Sunshine Manual. ] . Overview of the'Sunshine and Public Record$ Laws Patricia R. Gleason 1. GOVERNMENT IN THE SUNSHINE LAW A. WHAT 1S THE SCOPE OF tHE SUNSHINE LA W1 Florida's Gov. ...."ont..in lhe S,m-hin" Law, commonly ref'emd to as 1he Snn.hin" Law, provides a right of access to govemmental proceedings at bo!h the statlO and local levels. The law is equally applicable to elected and appointed bouds and has been applied to any gathering of two orIQOIe members oflhe same board to discuss some matter whicli'wiJ] foreseeably come before lhat board for action.. There are three basic requirements of section 286.011, Florida Statutes: (1) meetings of public boanis or commissions IIlllStbe opc:n to the public; . . (2) reasonable> notice of such meetings must be given; JlDd (3) minutlOsof lhe lDl'~"g< must be taken. Aright ofaccess to ~collegial publil! bodies is also =gnized in lhe Florida CoDStitution. Article 1. section 24, Florida Constitution. was approved byllill voters in lhe November 1992 geDCtlll.election and became ~tive July I, 1993. Vutnally an collegial public bodies an: covered by !he open meetings mandatlO of the open govemmcnt CllIistitutional amendment With the exCeption of lhe judiciary and lhe state Legislature which has its own constitutional provision %CC{Uiring 8ClieSs. 1l\e' only exceptions llIe lhose cstablishedby law or by !he Constitution. B. WHAT A.GENCIES ARE COVERED BY THE SUNSHINE LAW? 1. An allpubUc.tigencies subject to the Sunshine Law? '>:rhe' Govern~r in lhe Sunshine La~applies to "D11:Y board or eommissioD. of aUy state agency or authority or of any ageocyor authGrity.of any county, IIl!micipal COIpOntion,or political subdivisioIl." The statute !hus 'applies to public collegial bodies within this state, at lhe local as well as state levcl~ . Ciry of M"uzmi Beach v. BeT7lS, 245 So. 2d 38 (Fla. 1971). It is eituany applicable to elected and ~ppointed boanis or co~ons. Op. AttyGen. Fla. 73-223 (1973), lhejudiciaryand lhe 1.egis1~tIUe.axe not'Sllbject to lhe Slm'~m" Law. Su, Locke v. Bawus, 595 So. 2d 32 (Fla. 1992); Op. Atfy Gen. F1a.83-97 (1983). Federal agencies, .i./!., agenqjes created tmder teciera1law, ope:ating within lhe state do .llot come withinlhepurviewof1hestateSunshineLaw. Op. Att'yGcn. PIa. 71-191 (1971). Cf,'frJf. Op. to Marldiam, September 10, 1996 (technical oversight committeeestahlished by state ~gencies as part of settlement agreement in federa11a'Wsuit subject to Sunshine Law). . Boards or co~sions created by law or by a public agency axe clearly subject to lhe provisions of section 286.011, Florida Statutes. A public officer :maybe an "agency" for purposes of creating a board orcClIllIllissionsubjectto section286.01I,FloridaStatutes. Forexample,inKrause v. RellO,366So. 2d 1244 (Fl~ 3d DCA 1979), the coUrt held !hat.a city-manager was an ".agency" for puIposcs of secti?ll ~86.011, Flonda Statutes. Therefore, when he utilized an advisoIY group to.assisthim in screeningapphcatlons and -]. '_1 ~ - I . I I . I II .. .. .. .. .. II II II Il -, . .'.' 1611'1, makingicCo,mmendations for the position of chief of police. he created a "board" to which t!!e Sunshine J..{w was applicable. 2. Are advisory bori.which mIl1u recommendations or committees establishedfor fad-flndint-only silbjecttotM Sruuhine Law? .a. Publicl)' createdJldvlsor;y,boardswhlchmake TecommeJ1datloDS .~ Advisory boaIds =ated pIlISWIDl: to law or ordinance oro'lberwise established bYJl1lblic Agencies are subject to the S1m.h;ne Law. even'lbough their recO"""'"",dations are not binding upon the agencies that create them. Town of Palm Beach v. Gradisoll, 296 So. 2d 473 (Fia. 1974). See also, Wood v. Marston, 442 So. 2d 934 (Fia. 1983) (S11IIShine Law applies to A university's search and screening COIDJ;Dittce). And see, ' Lyon v. lAke CoJDtl)'. 765 So. 2d 785 (Fia. 5th DCA 2000) (Sunshine Law .applies to silt plan review committee created by county ccnnmi.llion to serve in an advisory capacity to 111e county manager). b. Fact.rmdlng committees A limited exception to the .applici1bility of the Snn,.hine Law to advisory co""",;tt""'~ has been recognized for committees established forfact.finding only. When a committee has been established strictly for, and conducts only. fact-finding activities, i.e., strictly information.gathering and reporting. the activities of that COIDJ;Dittce are not 'subject to section 286.D11. Florida Statutes. CDpePIWlicCUions, J= v. City of Palm Bay,-473 So. 24m (F1a. 5th DCA 1985). 3. ' "- Are private orttzrrkatio1l$J1Tovidin: services to pubUc a:encies subject to the Sunshine Law? ' This office has recognized that privalt organiza1ions which arc not stalt' or, local govC1llIllCl1tal agencies or subject to the control of the Legis1atme and whieh do not serve in an advisory capacity to stalt orloeal governmental agenci~. arc gcncrally1lOtsubjectto scction286.011. Florida Statutes. Cp. AJ:ry Gel!. Fla. 83-1 (1983). Thus.. the S\1".hme Law would 1IOt generally apply to ~"gs of a homeowners' association. Inf. Cp. to Fasano. June 7. 1996. 'Thus. a privaltcorp<n;ation which l""fu.aDS services for a pu~lic agency and receives compensation for such services pgtswmtto a con1;raCt,or otherwise. is not by virtue of this relationshi.p alone necessarily subject to iIle Snnohi-n" Law mIless ille :public .ag~cy's .!oveIJlnvmtalor legislative ftmctions have'been dclegatedto it. McCoy ReSlaw.;t/llU; Inc. v. City of Orlando, 392 So. '2d252 (Fla. 1980) (~sarc: ncit"y virtue of their lease with the aviation lII1thori~Jl1lblic representatives subject to the Snn.h;n" Law). However. althOugh private organizatioDS are ge:ncrallynot subject to the Sunshine Law, opeD. mcctings requiremenls can .apply if the public entity has delegated "the perfon:nanceof its public pmpOse" to the privalt entity. Memorial Hospitlzl-WUI Volusia, Inc v. News-Journal Ccrporazion. 729 So. 2d 373, 383 (Fla. 1999). In. Memorial, the SUI',<.me Court held that.aprivalt nonprofit corporation which entered into a lease with a public hospital authority.to open.te a hospital was subject to the open meetings teqUiremcnts found in the Sunshine Law and thos.e contained in article 1, section24{b) of the Florida Constitution. ' Similarly. lhisDffice h~ concluded 'lbat if a county commission dissolves its cullllral affairs council -1- .. I Ii I: I! I: . Ii Ii II II Ii Ii II . I I I" II ""'.. 16 1 i ?"l J 1 J ~ and dcsigna~s a 'nonprofit i)Iganization to fulfill that role for the county ,the nonprofit organization would bcsubjecttothe Sunshine Law. Cp. Att'yGcn.Fla. 98-49 (1998). Ands~~, Cp. Att'yGen. Fla. 02.53 (2002) (Martin County Golf .aDd Country Club, a not-for-profit coxporation which was spccitica1ly cxeated to, contract with the county for the 1)pctationofa public golf course oncountypioperty acquiIed by public funds, is.subject to open nph'l\g. -requiIemcDts); Cp. M'y Gcn. Ela. 99'53 (1999) (architcctnra1 review committee of a hotDcowncxs' associationis subject to the Som.";M Law where the committee, pursuant to coun1;y ornmono-", mnstreview and approve applications for coimtybuildiI\8 pcnni.ts) and Cp. Atty Gcn. Fla. 00-08 (2000) (meetings of the Lee CountyF'ue Commissioner's Fol'llID, aDODpIOfit entity aeatcd by fire districts.an vehicle'for Ji,M;lo~.andJliscossion of common conccms. wouldbc subject to the Snnshine Law.if the Foxum operates JlS a conegial bodyfor ,incipient decision ""old.,g). 4. Do~s tluSunshiM Law apply to st4/J? Mcctingsof staff of boards or commissions covered by the Sunshine Law = not oIdinarily subject to section286.011,FlorldaStatntes. OccidmuJl Chemical Compon:y v. Mayo, 351 So. 2d 336 (Fla. 1977), disapp~d in part on other ground.!, Citizens v. B~ard, 613 So. 2d403 (Fla. 1992). And see, Lyon v. LaU County, 765 So. 2d 785 (Fla. 5th DCA 2000), in which the, court concluded that the S".,.";.,,, Law did not apply to infoxmal meetings of staff whcIe the meetings were .merely informational; W where none of the individualsatt"'llttiTlg themi:ctings had any decision--m.1Mng mrthonty duriDg'the meetings; and where no foxma1 action was taken orcouId haVe been takcnat the meetings; Knox v. District Sc/iool Board of Brevard, 821 So. 2d 311, 315 (Fla. 5th DCA2002) C'A son."i"" violation does not 0= when a governmental eXecutive uSeS Staff for a facHindingand advisory function in fnlfiJling his or her duties"); and Molina v. City of M"&ami. 28 P.L. W. D8a.(Fla. 3d DCADccember 18, 2002) ?Police department discharge of~ review committee, composed of three deputy chiefs is not" subject to the Sunshine Law because the committee "is nOthing more dlana meeting of staff mcmb<:ss who serve in a fact-finding, adviSOI)' capacity to the chief"). . " " However, when, a staff member ceases to function in a staff capacity and is appointed to i committee which is ,delegated authority noxmally .within the-public board or commission, the staff member loses his or her identity -as staff while working on.:1he iX>......oittee and the s..Tl~niM Law isapplicab1e to the coIDIDittee. ltis'thenatnre of the actpcrl'on:ned, not tho makeup of the committee or the proximity of the act to the final dooisioD, which detenniDcs whether a committee co1nposed of staff is subject to the Sunshine Law. Wood v. Marston,442 So.2d 934 (FIa. 1983). And see, Evergreen the Tre~ Treasurers of Charlotte Counry, Inc. v. Charlotte Counzy Board oJ.Cotl!J,ty Co~ioners, 810 So. 2d 526 (FIe. 2d DCA 2002) (when public cifficials delegate their fact-findit1g duties and dccisi.on-T'('."'ing authontyto a committee of staff-membexs, those individuals no longer fimctionas staftm:mbeIS but "stand in:the shoes of sUch public officials" insofar as the Sunshine Law is concemed). For example, in Wood v. Marston, supra, the Court concluded that a commitilee composed of staff which was created for the purpose of screeoing applications and Tno",i.,g =""""'uiI~tiODS for.the position of a law school dean was subject to section 286.ol1, F1ori,da Statntes,sincc the committeemcmbexs peIfomlcd a decision-m.1Mng function. outside ofth.eir noxmal staff activities. By screening applicants and deciding which applicants to ICject from furthcrconsides:ation, the committee performed a policy-based, decision-malting function delegated to it by the president of the university. In a more recent case, Silver Express Company v. M"lQmi-Dade CoIlUlllUlity Coll~ge, 691 So. 2d 1099 (FIe. 3d peA 1997), the district court ~"',,",,;nedthat a committee (composed of .staff arid one outside -3- I' I . I I . . . . .. . . .. .. .. . II . . '-If rt ", .'~ "'! , 8 ~l jq !.L.J l"'fSOn) lhatwas creatOd by' a conege pwt:b.asing director to assist and advise Mr in evaluating coIrtract -ptoposals was subject to the Sunshine Law. According to the court; the committee's job was to weed through th..various proposals, to.determinewhich were acceptalile and to rank themaccoItliDgly. This function was sufficient to bringthe committee within the scope of the Sunshine Law because "govemmentat advisoty connnittces whichp.avc offered up .stIUctured recommendations such.JIll here involved _ at least those =ommendations which e!imi"at" opportunities for alteinalive choices by the fu!al authority, or which nwk .applications for the finalmthority - have becn determined to be Agencies govemcd by the Su"d,;"" Law. " 691 So.2d at 1101. Andset,lDf. Dp:toLewis.March 15,1999 (panelSestablishedbystatc commission to crealtl:requests for:proposals.and ev.aJ.uate vendor responses are subject totheS1mshine Law). 5. Does the' Slt1IShine Law apply to members of public boards who also serve as mImUristrati,e officers or employees? There may be occasions in which members of public boards also serve as admTni<trative officers or employees. The Sunmi"" Law is not applicable to discussions'-Of'those il!dividuals when serving as Admimd::rative officers or employees, provided such discussions do not relate to matters which will come before the public .board on which they serve. Thus. a board member who also serves as an employee of an ageuey may meet with another board membcr on issues 'rel.ating to his duties as an employee provitkd such discussions do notre1am to matters lhatwill come before the board for action. Se~ Op. Arty Gcn. Fla. 92-79 (1992). C. WHA'r IS A ~1'l.l\lG SUBJECT TO THE SUNSHINE ~ W1 1. Number of bDard members requind,tobe present 1be Slm~'h;"" Law extends to 11Ie aiscussionsand deliberations as well as the forma! aetiontalaon by a public board or commission. There is no requirement that a quonllD. be ~ for . ineeting of members of apublic board or coIDJ;Dission to be subject to section286.011. FloriclaStatutes. Instelld, theui'iV is applicable to any gathering, whe!hi:rfolIIllll. or casual. of two or 1Illlremcmbers of the same board Or commission to discuss some matter on which foreseeable action win be taken by the public board or commission. Hough v. Stembridge, 218 So. 2d 288 (FIa.3d DCA 1973). ' 2. Circum.stmu:es in whkh the ,Sunshine Law may appz, toa single individual or where twoboard'members aru,otp1r.ysicaIl] pretent .' 1be,S1m~h;"" Law applies to public bOards and commissions, Le..conegial bodies. As discussed supra, section 286.0 II, Florida Statntes, applies to meeting~of "two or more ;members" of the same board or commission when discussing some matter which will foresecably come before the bOiId or commissiolj. Therefore, section 286.011, Florida Statutes, would not ordinarily apply to an individual member oia public,hoatdorcoinmission or to public officials who arc not hoed or commission members. Su, DeerMld Beach Publishing, Inc. v. Robb, 530 So. 2d 510 (FIa. 4th DCA 1988) (Jeq11isitc'to application of the snn.hine law is a mcetingbetwecn two or more public officials); City of SlI1lrise v. News and Sun- Sentinel Comptmy, 542 So. 2d 1354 (FIB. 4th DCA 1989); Mitchell v. School Board ofuon County, 335 So. 2d 354 (FIa. 1st DCA 1976). Cenain ~situations, however. 'have arisen where, in order to assure public access to the -4- '..~ II .. II II II ill II II .. II .. .. II II II. II 1611 '~1 decisioii-in~g processes of public boards or commissions, it bas bccn necessary to conclude that the presence of two individuals of the SlqIle board or commission is not necessary to trigger application of .section 286.011, Florida Statntcs. Antatcdby theSupn:me Court, the SUIISbine Law is tObe collStn1ed . so as to fmstratc all evasive devices.. Town 01 Palm Beach v. Gr.adison, 296 So. 2d47.3, 477 (Fla. 1974). a. Written correspondence between board,members The use ob written tepOrtby one commisSionertoinfoml other commissillDCl:S ohsubject which will ,be discussed ,at a public meeting is not a violation of the.$unsbine Law if prior to the -meeting there is no inttnction related to the report among the commissioners. In snch cases,the report, which is subject to disclosure UDder the Public RecoIds Act, is not being used as a substitute for .action at a public meeting as there is no interaction.among the commissioners prior to tho meeting. Op. Att'y Gcn. FlL 89-23 (1989). If, however, thetepOrtis circulated among boud members forcoDllIleDllrwith suchcomm,,"'" being pIllvided to olher members,there is interaction llIDDDg tho board mc:mbcrs which is subject to section 286.011, Florida Statutes. Op. Att'y Gen. FlL 90-3 (1990). See also, Op. Att'y Gen. FlL 96-35 (1996). stating that a school boud member may preparc.nd ,ciIculate an informational memorandum or position paper to other board members: however., the use of a memorandum to solicit coDllllCtlt from other board mmlbers or the circulation of responsive memoranda by other boud members would violate the Sunshine Law. "b. TelephoneconversatloDS and meetings '- As disclJssed pmviously, the Sun.hin" Law applies to the delibctations.and discussions be&ieen two or morem:mben: of a board or COIDIIIission on some matter which foreseeably will Come before that board or commission for action. The use of a 'telephone to conduct such discussions' dOc;S not remove the conversation from the~ of secti0n.286.011, Florida Statutes. Th=fore, members of a boal-d sccJcing to discuss boudbusincss;or conduct,. ~ng of the board by telephone should = that the requimnentsof the Snn.hine Law have been satisfied by providing notice .and ,access ,to the public. .'.r. <-- A related issue is whether a board' is Illllhoriz.ed to conduct its m-.tinv through the use of a telephone conference ca110r olhertype of commmications technology. In Op. Atty Gen. FlL 98-28 (1998), lhisof6ce concluded that section 120.54(S)(b)2.; Florida Statntcs. aulhorizes sltUeagcncies to conduct 'meetings via electronic means provided thatthe board complies with lIIliformru1~ ofprocedwe adopted by 'the StamAdnUnistntion Cotnmissioo. These rules containnotiee requircmentsand procedures forproviding points of-acccss for the public. See-; Rule 28-109,Florida .A tlmin; otrative Code. As to local boards. this office has uoted ,that the aulhorlzatioi1in section 120S4(S)(b )2., to conduct meetings entirely through: lhe use of commnnications medis tecbnology applies only to slam agencies. Op. Atty Gen. FlL 98-28 (1998). Thus, since section lOOl.372(2)(b), Florid.Statntcs, requires a district school p,oard tohold its mcetinguta 'public place in the county...a qu01Ulll of the board mUst be physically pxesent at the meeting of the school'board. However, ,as long as .a quorum of the board is physically present at the meeting site, the board -may use electronic media technology to .allow a physically absent member of the board toJlttend the meeting. Id. Compliance with the requirements of section286.011. Florida SlatIltcs, .would involve providing notice and.access to lhopublic at such meetiI!gs through the use of such devices as . speaker telephone that would allow the absent member to participate in discussions, to be heard by the other board members and the public and tobeardiscussions taking place during the meeting." Cp. An'y Geo. -5- . .. II .. . !. I . . . . . I . . . . II II 16/1 10 Q 1 , :-.t " Fla. 9~55 (1994).' Co Use of computers The use .o~ computers to concluctJ>1iblic business is becoming increasingly commonplace. While , .there is no provisiongeDeraIly pzohibiting 1bc:use of computers to carxy out public business,their use by members of Ii public board or commission to 'communicate among1hemselves on issues pending bem.the board, is subjeetto the Sunshine Law. Cp.Att'yGen.Fla. 89-39 (1989). See also, Cp. Att'yGen. Fla. 96-34 (1996) ("E-mail" is a public,record). ' , Airport authority members may conduct infomW discussions and woIXshops over the Internet, provided propernotice is given, and interactive access by members.ofthe publie is provided. Cp. An'y Gem. Fla. 01-66 (2001). Such interactive access must include not only public access via the Intemet but also designated places within the autliorityl>nmvlories where the airport authority makes computers with Internet access available to Jl)CIIlbers ,of t'Qc .publll: who may not otherwise have Intemet access. Ill. FOr meetings, howev~, where a quonnn is necessllIY for action to be taken, physical presencC of the members making up the quorum w01lld be required in the absence of a statute providing otherwise. Ill. Internet access to such meetings,however, may still be offered to provide greater public access. Ill. However,:the use of an electronicbnlletin board to discuss matters oVer.an extended period of days ,or weelcs, ,which dOes notpermit the public to participate online, violates the Sunshine Law by circamventing the notice and accessprilvisionsofthatlaw. Cp.Att'y GeD.. Fla. 02-32 (2002). " ;....:. d, .' Deleptlon of AUthOrity to single individual If.a member of a public board is authorized only to explore various con1raCt proposalS 'with the applicant selected for the position of executive director, with soch proposals being, related back to the -goveming body for consideration, the cliscussions between the board :member and the applicant are not subject to the Snoshine Law. Cp. Arty Gen. Fla,93-78 (1993). If,howev~, the board member has been delegated the authority to rejcctcertain options from further consideration by the entire board, the board member is perfoJJDinga decision-m. 'IN",!'; functionlhat must be conducted in1he'sunshine. And see, Leach- ,Wells v. City of Bradenton, 734 So..2d 1168 (Fla, 2d DCA 1999) (co~ chaJged with evaluating proposais violated lhe S>1".h;,,~ Law when.!he city clerk WIilatera1ly tallied the re$Ults 'of the committee members' individual wri1ten-eilalnatioits and ranked them; lhe coUrt held lhatlhe"short-1isting was fonnal action that was teqnired to be taken ata public meeting"). Compare, Lee CoWll)l v. Pierponl, 693 So. 2d 994 (Fla..2d DCA 1997) (authorization,to COlUIty .attorneytomakcsettlemcnt offers to landowners Datto exceed appraised value plus20%, nther:lhan a specific donar amount, did not violate the S-.hi't>" Law). It IIlJJst be recognized, however,lhat1he applicability of the Sunshine Law relates to the discussioits of. singleindividual whohasbeende1egated decision-m.'IN"g authority on behalf ofa board or commission. If the individual, rather than lhe board, is vested 'by law, .charter or cnrl;n.m:e with the attthority to take action"snch ois""'Fsions are not subject to section 286.GlI, Florida Statutes. See, City ofSIIltrist! v. News and Sun~entinel Company. 542 So. 2d 1354 (Fla. 4th DCA 1989). ' e. Use of nonmembers as liaisons between board members The SIl".hi"" Law is applicable lD.=tings between a board member and an individual who is not --6- II II . II . . . . . . . . . . . .. II . _I 16/f' B 1 11 a member of the.board whell that individual is being used as a liaison between. or to conduct a de facto meeting of, ,board members. For example, in Blackford II. School Board of Orange Cowuy, 375 So. 2d 578 (FIa. 5th DCA 1979), the C01Utl1c1d 'that.a .series of schedu1edsuccessive rn-;ng.. bCtween the school superintendent md individual ~b=of the school board were subject to the Sunshine Law. While , norinany mcetings,betw=!- the school superintendent.and.an individual school boarihnember would not be subject to sectian..2ll6.0 II, Florida Statute.s; these meetings were held in "rapid-lire succession" in otder to avoid a public.airing of a controversial :leIfutrictingprob1em. They.llfIX)UDted to.a deiac:to meeting of the .schoo1'board in violation of section 286.011, Florida Statutes. Not'aIl decisions1alaon bystaff, how=er, need to be made or..approved by. boanL Thus, the district court concluded in Florida Paro14 and Probation Commission v. Thomas, 364 So. 2d 480 (FIa. 1st DCA 1978), that thedccision to appeal made by legal counsel to a public board after discussions between the legal staff and individual membenl of the commission was not subject to the Snn.h;n"Law. D. ~T TYPES OF DISCUSSIONS ARE COVERED BY THE SUNSHINE LAW? 1. InvestiKative. 1Mdings or meetings to consider confidential mtlterial The Sunshine Law isapplicable to mvestigative 'inquiries of public boards or commissions. The fact that a """,,"':1\& conccms, alleged violations of lawS or regulations does not remove it from the scope of the law. Cp. Att'y Gen.FlL 74-84 (1974); Conn/!)' v. Botud of PubliclTISITUI:lion of Allu:hu4 CoID'lly, 278 So. 2d 260 (Fla. 1973). The Florida Sup= Conrt has stated that in the absence of a statute exempting.. meeting in which priy.iJ.eged matetialis discussed, section 286.011, Florida Statntes. should be construed as contaiDing DO exceptions. GUy ofM"urmi Beach II. Berns, 245 So. 2d 38 (FIa. 1971). " .~ ..'........ Section 119.07(5), Florida Statutes; llrovidesthat an exemptionfroin seCtion 119.07, Florida Statutes, "does ,not imply an exemption from or exception to section 286.011, Florida Statutes. The exemption from or exception to section286.011, Florida Statutes, must be l:ltJl=Sly provided." Thus, exceptions to or,exemptions from Cbapter 119, Florida Statntes, dOllOt by implication aIlow.a public ~ency to close a meeting in which excmi>ted material is to be discussed in .the absence of a specific exemption or exception to Section286:011, Florida StallIlcs. Accord, Cp. Att'yGen. Fla. 95-65 0995) (district case review committee); Cp. A1fy Gen.Fla. 93-41 (1993) (county criminal justice commission); Cp. My Gen. Fla.91- 88 (1991) (pension board); and Cp. Alfy Gen. Fla. 91-75 (1991) (school board). 2. Legal 'matters . In the absence of legislative exemption, discnssions between a -public board and its attomey are subjeCttosection286.011,FloridaStatntes. Neu v. MiamiHeraldPublishing Company,462 So. 2d 821 (FIa. 1985) (section 90.502, Florida Statutes, which provides for the confidentiality of attomey-cIient COUlIIIUllications under ,the Florida' Evidence Code, does not create an exemption forattomey-c1ie:nt conmmnications,at public meetings). Cf., section 90.502(6), Florida Statutes, stating that a discussion or activity that is not a meeting for P""k"'&eS of the Sunshine Law shaIlnotbe construedto waive the attorney- client privilege). There are statutoI)' exemptions, however, which apply to some discussions of pending litigation between a public board and itsattomey. , -7- . . . . . . . . II - II II II - - M M - l~ 1611 a. Attomey-cllent discussions Section286.011(8), Florida S~, provides: Notwithstanding the-provisions of subsection (I ),anyboard or commission of-any state agency or .au!hority or any agency or authority of-my county, 1IIIIDicipal coxporation, orpolitiea1 subdivision, and !he chief administrative or executive officer of lhe gOVllIIllJle.lltal entity, may meet in privatll wi!h .tb.e entiI:y's.atlD~ toniscuss pcncIing litigation to which the entity is presently a party before a court or .tlm;ni<trative agency, provided that 1M following condiJions are mer: (a) The entity'satlDmcy shall advise the entity at a public meeting that he or she desires advice ~ng !he litigation. (b) The subject matter 'of thelIlllllling shall be confined to Slltt!cment negotiations or strategy sessiOIlS mated to litigation expenditures. (c) The entire session s1W1be 'IeCOrded by -8 certified court repo~.. The rt;po!:tct shall rccordlhe times of co~'""'1Y"Irt ,and tenmnation of lhe session, all discussion. and proceedings, the names of all persons , Ji!llI;sc;Dt at any time,=! !he names of all petsODS speaking. No portion of !he session shall,be off, thereconl. The court reporter's notes shaI1 be fully transcn"bed and filed wi!h !he entity's clerk within a reasonable time nr !he IDY"~Tlg. (d) The entity shall give ~nable public notice of !he time and date of !he .attomcy-clientsession,and !he names of persons who Will be 1Itlcnding !he session. The session shall COIll!Ilt1lCe at an openlIllllllingat which 1hepersons chairingtl)e mee!ingshal1llIlt1Dl1IlClllhe COlDlXlellCClJlent =! esti:m8.ted length of !he :attomcy-c1ient session and !he names of 1hepersons attending. At lhe conclusion of lhe atlDmcy-c1iCDt session, !he meeting shall be ICOpllIIed and !he -person chairing the nlceUng shaI1 announce !he 1'~nn~f1~tion of the session. (e) The transcriptshall bemade part of !he public record upon conclusion oflhe litigation. (e.s.) (1) Is secUcm 286.011 (8),Flori4a Statutes, to be liberally or strictly construed? -8- ''''!' 1 " ,~ U 12 . . . i. . . . . . . . I. I - I. '.. 13 16/1 o '~ 'l 1 . . ~ It h~'been held that the Legislature intended a strict cOIlStIUction of section.286.011(8), Florida Statutes. City olDunneUon v. Nan, 662 Sa.2d 1026 (FIa. 5th DCA 1995); School Board of Duval County v. Florida Publishing Company, 670 Sa. 2d 99 (Fla. 1st DCA 1996). (2) wno 1fUrJ call 81l./zttorney-clientrmding? While sectian 286.01.1(8), FlaridaStatutes, daes nat specify who. calls the clased attomey-client meeting, it=PJi= as one af the conditions 1I1at must be met that the gov"llWIOOntaI enli1;Y's attorney "shall advise the entity .aU public -meeting that he ar she desires advice cone.....;"g the litigatian." Thus, ane af the-conditionsthatmust be metpriorto holding:a clDsed attomey-cIientmeeting is that the city,attomey must indicate to the city council at a public me'1ing that he ar she wishes the advice Df the city council reganling , the pending litigatiDn to which the city ispresent1y a party before a court Dr administrative agency. Inf. Op. to Vock,July 11,2001. (3) ,Who 1fUrJattend? Only thDse persons listm in the statutory exemption, Le., theelitity,the entity's attorney, the chief administrative officer of the enlity;and the court reporter are authorized to attend a closed attomey-client session. Other staff members or consnltanture nDt allowed to be present. School Board of DUIlal County v. Florida Publishing Company. And see, Zorc v. Cily ofVero Beach, 722 So.. 2d 891,898 (FIB. 4th DCA 1998), review denied, 735 So. 2d.1284 (Fla. 1999) (rejecting city's argument that charterprovision requiring that city c1!,rl:attend all council IIl/''''';''g>' mthorized clerk to attend closed attomey-client lJlteting); and Op. Att'y Gc:n. Fla. 01-10 (200 1) (clerk of court not autharized toattenel). , How.ever, because the entity's lIl:toInCy is permitted to attend the clDsed SessiDn, if the schaDl board hires outside counsel. In represCnt-it in pending litigatian, both the school bDard attomcy and the litigation attorney mayaUlmd a closed sessiOn. 'Op. Att'y Gc:n. Fla. 98-06 (1998). And see, Zon: v. City ofVerp Beach (.attendance af Special Counsel authorized). ' (4) .Is substantial .compliance ,with the conditions established in the statute adequate? In Ciry of i:>unrJellOn v. ArIl1l, supra;the court said that a city council's failureto llDIlOl1Iiceth,,~ afthe lawyerspartic:ipating in.. closed.attomey-cliemsessiaD violatedthe Sunshine Law. The coUItrejected the city's c1aim1hat when the mayor JlIlIlO1lIlCedthat attorneys hired by the city would attend the session '[but did not give the names of the individuals], bis "substantial compliance" was sufficient to satisfy the statute. Cf.. Zen: v. Cily olVero Beach, at 901. noting that deviation from the agenda at an attomey-cliem session , is nDt authorized; while SIlchdeviationispemlissible if a public meeting has been properly noticed. "them is no case law affonling the. same latilllde.tb deviations in clased door-meetings." (5)Wbat Tdndsof TlUJttcrs . 'f1I41 be discussed at the , 4#omey-client session? Section .286.ot 1 (8) states that the subject matter of thc meeting shall be confined to settlement -9- -. : -- -. I II I . . I . . I I I I , a 16} 'I B ,! negotialloDB,or sttategy sessiOns related to litigationexpcnditures. Section 286.01 I (8)(b), Florida Statutes. If a board goes beyond ,the "strict parameters of settlement negotiations andstr8tegy sessions related to litigation expenditures" and takes "decisive JlCtion, " .8 violation of the Snn<mne Law ICS11!ts. Zorc v. City ofVero Beach, at 900. And see, Op. Atey Ge:n. HI. 99-37 (1999) (closed-meeting exemption may be used only when the.attomeyfou, governmental enrity~ advice onsettlementnegotiaitions or strategy relating to litigation expenditures; suchmeetings shouldnotbcuscd to:6na1izc action or discuss matters outside these two nanowly prescribed areas). ,- " The legislative history of the exemption indicates that it w.as intended to apply only to discussions, rather than final action, relating to setl1cment negotiations or litigation e.xpencli1:un:s. See, Staff ofFta. H.R. Comm. on Gov't Operations, CSIHB 491 (1993) Final Bill Analysis & Economic Impact Statement 2 (Fla. State AIcbivcs), noting at p. 3: "No finl!1 decisionsonlitigationmatters can be voted on during theseprivate, attorney-client strategy meetings. The decision to sett1e a ease, for a certain uDount of money, under certain conditions is a decision which IIII1St be voted upon in,a public-meeting. " Thus, "[tJhe sett1i:mcDt of a case is e.xactlythat type of fuW decision cOntemplated by the dr8fters of section 286.01 1(8) which mnstbc voted upon in the snn.h;n". ~ Zorc v. City ofVero Beach, at 901. See also, F'reeman v. Tl1TlI!s Rublishing Company, @6 So. 2d 427 (FIa. 2d DCA 1997) (discussion of methods or options to achieve continuing compliance with a 10ng-SblM;,'g federal desegregation mandate [such as whether to Jmdifj' the boundaries ota school zone to achieve racial balance I:tnDst be held in the Sunshine). Compare, Bnu:kner v. City of DI11Iiq Beach" 823 So. 2d 167, 172 (Fla. 4th DCA 2002) (closed city commission meeting to discuss various op!ionsto settle a lawsuit involving a chaDengeto 8 city resolution, including modification oftbe resolution"autborized because the commission "neither voted, took official action to ,amend the ICSo1ution,nor did it fotmally decide to sctl1e the litigation"); and Brown v. City of LauderhiJJ, 654 So. 2d 302, 303 (Fla. 4th DCA 1995) (closed-door session between city attorney and board to discuss claims for attorney'sfces, JlUthorized):', (6) When is an agency it "party to pendinr ,litigation" for purpl1Se8 oftheuemptiDn? In Brown v. City ofLauderhiU, supra, the court said it could "cliscemno aliona! basis for concluding that a city is not a. 'party' to pending litigation in which it is the real party in interest." And see, Zorc v. City ofVero Beach, at 900 (city was prcsent1y a party to origoing litig.tion by virtue ofitsa1rcady:pending clain'is in bankruptcy proceeil;n8l'). . ' _ . Although the Brown decision established that the e.xemption could be used by a city that was a real party in interest on a claim involved inpe7lding litigation, that decision does not mean that an ageney may meet in e.xecutive session with its attorney where there is only the threat of litigation. See, Op. Atty Oen. Fla. 98,21 (1998) (seclion'286.011[8] exemption "docs noupply whenno I1wsnithubeenfiledeven though the parties involvedbclieve litigation is inevitable")., (7) When is litiratiDn "concluded" for purposes of section .286.011(8XeJ? -]0- . . . . . . . , . . . . . . . . II.. I II' . ..... I,. ,'~>' , . " . 15 , ,16'~1J ' . 1 ' , . 'u' .' th .' .. b ,--" d' ~ llgallon at 15 ongomg ut tempor"'....y snspen ed pursuant to a stlpulation for settlement has not been concluded for purposes of sectiot).286.011(8), and a transcript of meetings held between the city and its attorney to discuss suehlitigation maybe lccptconfidential untilconclusionoftbe litigation. Cp. Att'y Gen.F1a. 94-64 (1994). And see, Cp. Atty Oen. Fla. 94-33 (1994)" concluding that to give effect to the ptiIposc of section~8Q.011(8),.apublic JlgenCy may maintain the confidentiality ofa-record of a strategy or settlement meeting-betweena public agency and its attomey until1he suit is dismissed with pzeiudiee or the applicablestatllto oflimitationsbasron. q., Cp. AttyGen..FIL 96-75 (1996) (disc1osure of medical records to a city council during a closed-doormeeting tmdet section286.011[8], Florida Statutes, does Dot affectthe rcquiIeincnt1hat the transc::riptof such a mectingbe made apart of the public:recoId at the conclusion of the litigation). b. Risk management Section768.28(15)(c), Florida Statutes, states that portions of meetings and proceedings Jelating solely tu.the evaluation of claims orto offers of compromise of claims filed with ariskmanagemcnt program of the state, its agencies and subdivisions, a:e exempt from section 286.011, Florida Statutes. The minutes of such meetings .and proceedings arc also exempt from public disclosure until the tennination of the litigation and settlement of all claims arising out of the same incident. Section 768.28(I5)(d), Florida Statutes.' And see, Op. Att.'y Gen. Fla. 00-2Q (2000), noting application of the exemption to a risk managcmcntmeeting conducted by a district school bow and attended by risk management personnel that relates-solely to,the evaluation of a tort claim filed with the risk,;managemem program or:that relates solely to.an offer of c.oill.l"u.....;s., of a tort claimiiled with the, riskmanagement protram The exemption is not applicable to meetings held prior to the filing ofa tort claim with the -risk management program. Cp. Afty Gen. Fla. 92-82 (1992). 3. Personml~' " Meetings of a public baUd or cOTmnk<ion at which pelSo1lllC1 matters arc discussed ~ l10t exempt from the provisions of section 286.011, Florida Statutes, in the absence of a specific statutory exemption. Times Publishing Compan:y v. Williams, 222 So.2d 470 (FlL 2d DCA 1969), disapproved in pan 011 other grounds, Nell v. Miami Herald Publishing Comptl1l)l, 462 So. 2d 821 (FlL 1985). .,.. a. Collective bargaining diSCUSSIOns Alimitcd exemPtion from section286.0l-1, Florida Statutes, exists for.discussions between the chief executive. officer of 1he public en:iployeund:the legislative bodyofthepnb1ic empJoyenelative to coJlecli.ve bargaining. Section 447.605(1), Flooda Statutes: Cf.. Op. 'Niy Gen. FlL 99-27 (1999), noting that a committee (composed of 1he city manager .and various city ~gerla1 ~loyees) ,foIIIled by the city , manager to represent 1he city inlabor negotiations qualifies as the "chief eXecutive officer" and thus may participate in closed executive sessions conducted pursuant to this section. The ,above exemption applies only when 1here a:e actual .and impending collective bargaining negotiations. City of Fon My~rs v. News-Press Publishing Con'rptl1l)l, Inc., 514 So. 2d 408 (Fla. 2d DCA 1987). Itdoesnot.applyto otbernonexempt topics which maybe discussed during:the course of the same meeting. Op. AtJ.'y Oen. Fla. 85-99 (1985). Moreover,:the collective bargaining negotiations between the chief executive officer and a bargaining agentJlte not exempt and, pursuant to section 447.605(2), Florida Statutes, must be conducted in the Sunshine. ' -11. .. . . . . . . I I I I I. I 161>1 Er] . 'b. Complaintnview boards, disciplinary hearings, and.grievance committees A complaint J:eview baird of a city police department is subject to1he Government in the Sunshine Law. .Barjieldv.Ci1y of West PalmBeach,l'fo.94-2141-AC (FIa. 15thCir. Ct May 6, 1994). Accord, Cp. Arty OeD.Fla. 78-105 (1978) I;policecomplaint,reviewboird) and Cp. AIfy OeD. PIa. 80-27 (1980) (sheriff civil service baird). Similarly, a ~'"'& of.a municipalhousinganthority commission to conduct an employee1ermination hearing is subject to the Sunshine Law. Cp. Atty OeD. PIa. 92-65 (1992). "Ihe Snn.h;ne Law applies to baird discussions COD",,",in& grievau:esand otherpelSonnel1I1ltlen. Cp. Atty Gen. Fla. i6-102 (1976). A staff grievance committee created to make nonbinding recon'llTlf'!nil.';ons to .a county adrnm~tor regarding. disposition of employee grievances is also subject to section 286.011, Florida Statutes. Op. Arty OeD. Fla. 84-70 (1984). And see, PJJ!m Beach County Qassroom Teacho's AssocUuion v. School Board of Palm Beach CoUllly,411 So.2d 1375 (FIa. 4th. DCA 1982), in which the courtafiiImed the lower court's refusal to issue a temporary injUDction to exclude.a newspaper :reporter from a grievance hearing. A conective bargaining lIgri:cment cannot be used 'to circumvent the-requimments of public meetings' in section 286.011, Florida Stal!1tes. Iii.; at 1376. Where, however, a mayor as chief executiv.e officer, rather than the city council, is ICSpOIIS1cle UDder the city c:harter for disciplining city employees, """"";ngs betweeJ;l the mayor and a city employee co1l""""ing !liscipline of the employee.are not subject to the Snn.h;n" Law. City of Sunrise v. News and Sun-Sentinel Company, 542 So.2d 1354 (FIa. 4th DCA 1989). .Co Intenle~ The Snn<hine Law ,applies to ~nv of aboud of coUJi!:y commissiOIlCB when interviewing applicants for emmty poSitions appointed by the board, when condocling job evaluations of countY" employees answering to and serving at the pleasure of the boird, and when conducting employment tcimination interviews of county employees who serve at the pleasure of the board. Op. AJ1.'y Gen. FIa. 89-' 37 (1989). II. Screening advisory committees In Wood 11. Marnon,442.5o.2d 934 (FIa. 1983), . committee composed of staff which was created for the pwpose of screening applications forthe:position of a law school deana mating recc>n'1TT""'<l iltions to .the faculty SCllll.te was held to -be snbjectto. section 286.011, Florida Statutes, since 1he committee '}lCIfOIm>d a decision-",.nng'funclionou1side of their normal staff activities. .By sc:eeniDg applicants and deciding which applicants to reject from further considera.tion, the COIIIIIlittee pcrfoIIllCd a, policy-based, dccision-""'1ring t'1md:ion delegated to itbythepr:csident of the univCIsity. .A selection committee appointed to.screcnapplications, and rank selected appl~~ forsubmission to the city cauncil was detcxmined to be snbjectto the Sunshine Law even:thoughthe city council was not bollIld by the committee's rantrn,gs. Op. Att'y Gen. FIa. 80-20 (1980). Accord, Op. Att'y Gen. Fl.. 80-51 (1980). However, if the sole function of the screening committee is simply to gather infoIIIllltion for the decision-ma1a:c, rather .than to accept or reject applicants, the committee's activities arc ou1side the Sunshine Law. See, Cape Pwblieations, Inc. v. Qry of Palm Bay, 473 SO.,2d 222 (FIa. 5th DCA 1985); Knox v. District School Board of Brevard, 821.50. 2d 311 (FIa. 5th DCA 2002). -12- . II .. . . . . . . . -- . I . . . ,16 'i B 17 1 4.' 'QuQ:gj,.judiciitl proceedings The Florida Supreme CoUrt has rtated that there is no exception to the Sun'bine Law which would allow closed-doorhearings or dehberations when aboard or commission is acting in a "quasi-judicial" capacity. Cannty~. BOllTd of Public InslnlcrWlI of AlJJchua County, 278 So.2d260 (F1a. 1973). 5. Real property negotiations In the abscnce of a stallltoryexempti.on, lhe mgotiations by a public board or commission Jor 1I1e sale orpurc:baseOfp.l~tynmstbeconductedinlhestmshine. See, City ofMiamiBeat:hv. Berns, 245 So. 2d 38 (F1a. 1971). In addition, if the autborityofthe public board or commission to acquireorl:ease property has been delegated to a single mcmber,thatmember is subject to section 286.011, Florida Statntes, lIIld is prohibited from negotiating1l1e acquisition or lease of the property in secret. Cp. Att'y Gen. Fla. 74-294 (1974). E. DOES THE SUNSHINE LAW APPLY TO: I. Membm-elector.Cl1lIllidaUs , Members-elect of boards or commissions are subject to the Sunshine Law. See. Hough v. S/QIbridge, 278 So. 2d 288, 289 (PIa. 3d DCA 1973). The Sunshine Law does not apply to candidates for office, unless the candidate is an incumbent s~g reelection. Op. Att'y Gen. Fla.92-05 (1992). 2. .' 'Membm of .difft!nllt boards 'Il1e 51,,,.h;_ Law does not apply to a meetingbetwccn individualsWbo are members of differelll boards JUlieSSOJlt> or mons Qflhe individ1laIs has been delegated the authority to act on behalfofhis board. ' Rowe v. PiMlltzs Spons Authority,46l So. 2d 72 (PIa. 1984). Accord, Inf. Cp. to McCIash, April 29, 1992 (5"".h;"" Law geoenl1y, not applicable to C011IIty cotm;Dissioner """"';'lg with individual member of metropolitan p1lD11iDg organization). 3. A nuzyorandJ1 member of the citj coruu:i1 If the mayor is.a~ of the council orhas ,a voiceindecision-""''<i''gthrough the power to break tie votes, meetings between the ,mayor and a member of the city council to discuss some matter which will eomebefore the city couneiJ..amsubject.tothe S"".hi.... Law. Ops. Att'yGen.F1a. 83-70 (1983) and 75-210 (1975). Where, however, the mayor is 1101 a member of the city eo11IlCil and does not possess lIIlY power to vote even in the case of a tie vote but otlly possesses 1I1e power to veto legislation, then the mayor may privately meet wilbm individual member of lhe city connci1 without violating lheSlI".hi_ Law, proVided he or sIu. is notBCti.ng as a liaison between members and neither 1I1e mayor nor the co,iInci1 member has been delegated the authority to act on behalf of1l1e council. Ops. Att'y Gen. PIa. 90-26 (1990) and 85-36 (1985). 4. A boordmemberJ11ld his or her alternt:#e Since thealtemate is authorized to act only in 1I1e absence of.a board oreommission member. there -13- - I . I I II - I . . . I I I I I 16"1 ff 1 is no meeting of two inalVidlials whocxercise independent decision-malting authority at1hem:eting. There is, ineffecl,.onIy one dccisicm-mo1<i'lg.official present Therefore, ameetingbelWeen a board member JlDd his or her altcmateis-not subject to theS1lnshine Law. op. My OeD. Fla. 88-45 (1988); .5. ,C-ommwriJ:1foT'1ll7l$ sponsored bypriil/1UorganiJ:Dtions A "Candidates' Night" sponsored by a private organization at which candidates for public office, including scveralincumbcntcity counc:ilmembers, will speakabouttheirpoliticalphilosliphies, trends, and issues facing the city, is not subject to the Sun"hin" Law unless thecounc:il mcmbers'discuss issues coming before the counc:ilamong:1hemse1ves. Cp. A'tt!y OeD. Fla. 92-5 (1992). Similarly"in Cp. AI1!y OeD. Fla. 94-62 (1994), this office concluded thatthe Snn.hine Law does not apply to apolitical fommsponsored bya private civic c1ubduring which colUltycommissione:s expressthcir position on IIllI1:tcrs that may foreseeably COIllll before'thell(>mTni.!tion,so long as the commissioners avoid discussions among themselves on these issues. However, caution should be exen:ised to avoid situations in which private political or community forums maybe used to circumventthe millie's ~ls. It!. s~~, Town of Palm Beacl v. Gradiso1l,296 So. 2d473, 477 (Fla. 1974) (Sunshine Law is to be construed "so as to frustrate all evasive devices"). 6. Board 11W7lben altendint rMdints of another publtc blHZrd " In Op. AI1!y Gen.Fla. 98-14(1998), tl\isoffice was ,asked whether membe:s of a mt.!lopulitan planning organization(MPO) whomo serves city council members must sep8flllely noticc aMPOmccting when they p1iln to discuss MPO matte:s aUn advertised city council meeting. The opinion c:oiiCluded that separate notice of the MPO meeting was not required as long as the agenda of the city council Iiientioned that MPQlmoin,,'lS WOUld be discussed. See~, Op.AI1!y Gen. Fla. 00-68(2000)(Snn.lr.tl~ Law dbes not , prohibit city commissioners.fnm:J. ~;.,g olber city boud mec:ti'lgl'and eu..........rting on agenda items that may subsequently COIDc before the commission.torfuialaction; howev~, city commissioners attending such -Tlg>' may not discuss those issues among themselves). 7. Social events .Members of a publie board or commission are not prohibited UDder the S1m'hiu" Law from I1lCeting . together socially, provided that matters which may come before,the board or eonmnssion are not discussed at such gatherings. Cp. My Gcn. Fla. 92-79 (1992). Thus, there uno per SI! violatiOn of the Snnsh;Tl" Law fora husband and wife to SCIVe on the SlIIIla public board or commission so long astheydo not discuss board business without complying with the ~ of section 286.011, Florida Statutes. Op. AI1!y Gen. Fla. 89-6 (1989). F. WHAT ARE THE NOTICE AND PROCEDURAL REQUIREMENTS OF THE SUNSHINE LAW? 1. What kind of notice of the rMding must be pen? a. Reasonable notice required A key element of the Sunshine Law is the requirement that boards subject to the law proVide -14- - .. .. II .. II II .. . .. II II II II 1 6,-i El9 1 "reasonlble,notice' ofall meetings. See, section 286.011(1). Florida Statutes. Although section286.011 did not contain.an eJtpress notice reqairemem until 1995, many COUrt decisions had stated prior to the statutory IIlICIldment that in order for apoblic meeting to be in essence "public,. reasonable notice of tho meetingmustbegiven. Hough v. StDnbridge,278 So. 2d288.29l (Fla. 3d DCA'1973). Accord. Yarbrough v. Yormg, 462 ,So. 2d 515, 517 (FlLlst'DCA.1985). Notice inequired even,though""",;"gs of the board ,are "ofgc:neral knowledge" md.areDot cond.ucted in a closed door =r.TSI South.cas~ Inc. v. Royols, 588 So. 2d309 (PIa. 1st DCA 1991). 1he type of notice that must,begiven is variable, however, depending on thefacls of the situation llJld the board involved. In ~ 1nstaoces, postiDg oflbe Jlotice in llJl area set aside for lbAt puxpose may be sufficient; in others. publication in a local newspapermay be nccessaty. In each case, however. an agency must givo'notice at such timemd in such a lIIlJII1er as will enable interested IIIImlbers of the public to attend the meeting. Ops. A1ty Gon. FlL 73-170 (1973) llJld 80-78 (1980). C/.. LYOll v. Lake CoU1lt)l,765 So.2d 785 (FIa. 5thDCA20(0) (Whcrecounty.atlomeyprovidcd citiZen with "personal due nOtice" of a committee meeting and its iilnction, it would be "1IDjust to reward" the citiZen by concluding lhu a meeting lacked adequate notice because the newspaper advemsoment failed tocorrect1y name'the ~l;tee). ,b. Notice mpdrements when quorwn not present or when meeting adjourned to a later date ~nab1e-pubiic notiCe is required for a1I meetings subject to the Sunshine Law. Thus. notice is requiIed formeetings between members ofa public board even though a q1lommis not present. Ops. AJ.t'y Gen. Fla. 71-346 (1971)lIIld 90-56 (1990): If a meeting is to be adjoumed and reconvened later to complete . the business from the agenda of the adjoumed meeting, the second meeting should also be noticed. Op. Att'y GeIL Fla.90-56.(I99O). . ~ '" Effect ofnot/ce requirements imposed by other statutes, codes or ordinanas " The StI".II;"" Law only requUes1bat reasonable public notice be given. As stated above, the'type ofnotieemquired is variable and will depend upon the ~ces. A public agency; however, maybe subject to addiliOIll.!notice 'requiremcbtsimposed by other statutes. charter or code; In such cases. the requi.~ of1hat statute. charter, or code must be strictly observed. Inf. Op. to Michael Mattimore. February,ti, 1996. ' For example, a board or commis~on subject to Olapt.er 120, Florida Statutes, the "'dTTl;n;drative Pl:oced1ue Act, must comply with the DIltice requ.\reme;ntsof that acl See, e.g. ,seCtion 120.525. Florida Statutes. d; NotlcerequJrementswben board acting as quasI-Judlcial body or t8king action ,affecting individual rights Section286.0l05. Florida Statutes, requires: Each board, connnission, or agency of this state or of my political -15. . . . il I , II . I I II II II - I . I I . I I Ifi71 B 2; SubdiViSion'lhcrcof shall include in the notice of any meeting or hearing, if notice of the meeting or hearing is required, of such board, commission, or agency, .conspicuously on such notice, the advice that, if a person decides to appeal any decision made by the board, agency, or c6IJ:lII$sion , with respect to any matter eon&id=d at suchmceting orhearing, he or she will need a:record of the procee"';TlgS, and that" for such porpose, he or she may need to ensure that ,a verbatim record of the proceedings is made, which record includes the "testimony and evidence upon which the appeal istobo based. Where apublicboard or commission acts as a quasi-judicial body or takes official action on matters that affect individual rights of citizens, in contrast -with the -rights of tho public at large, the board or cormn;.sion is subjectlO the requirements of section 286.01 05, Florida Statutes. Op. Att'y Gen. Fla. 81-06 (1981), 2. Does the. Sll1IShine Law requin that an qendabe 11U1lk 41ttIiloble prior to bDaTd meetinrs or restrict the board fromtllldn: action on 1TUltters Mt on the a:end4? This office recommends publication of an agenda, if available, in the notice of the meeting; if an agenda is not available, subject matter summations might ~ used., Particularly if the item is controversial or one of critical JlU!Ilic concem, the Attorney Geocral's Office a4vises 1hat the public board or commission postpone taking any"'action on the issue until it has b=1 noticed. Inf. Op. to Evans, June 7, 1989. The S1m.lt;"" Law, however, does not IIllIIIdate that an agency provide notice of eaCh item to ~ discussed via.a pnblished ageDda. SuclrJispecific requi=nt has been rejected by the courts b'ecause it could c1fcctively pteclude access to meeting$by IIICIDh.,." of the genCrai public who wish to bring specific issues before ago",,"' ..n~""lbody. See, Hough v. SlDnbridge, 27850. 2d 288 (Fla. 3d DCA 1973). And SU, YarbroUlh v. Young,462 So.2d 515 (PIa. lst~ 1985) (posted agendaDTm~<:essaxy;publicbodynot required to poS1pODc nrM,,! due to inaccurate press1eport which was 110t part of tbepublic body's official notiCe efforts). Accord, Law andInformalion SeT'l1ices v. City olRivieraBeach, 670 So. 2d 1014, 1Q16 (PIa. 4th. DCA 1996) ("[W]he1ber to impose.a requilement that ICstricts every %elevant coIlllIiission or boal-d from considering matters DOt ODJIJI agenda is a policy decision to,~ made by the legislature."). See, Inf. Op. to Mattimore, FebrollIj' 6, 1996 (notice of each item to be' discussedJlt public meeting is not required .linder section ~86.011,Florida Statutes, .although other statutes, codes, or rules, such as Chapter 120, Florida Statutes, may impose SlICb. a- requirement). ' " 3. Does the Sll1IShiM Law limit where meetings of 4 public board or commission 17IfZ1 be held? .a. Out-of"town meetin~ The courts have reco.gnized !hat the mere fact 1hat a meeting is held in a public room does not make it public withinthe meaning of the' SUnshine Law. Bigelow v. Howu, 291 So.2d 645, 647-648 (Fla. 2d DCA 1974). For ameeting to be .public," thepublicinustbe given advance notice and provided with a reasonable opportunity to attend. 14. Accordingly,a school board woIi:.shop held outsid!, county limits over 100 miles away from the board's headqUarters violated the Sun.j,;"" Law wheze the only a4vantage to the board -16- Ii .: .! i. Ii . . I. I I I I I I I I I I , 1 6 J) 1 821 1 resultiil.g from tli~ out'of'toWn gathering (eliminatioD of traveltime and expense due to the fact that the board members were alt",,,i!;"! a conference at the site) did not outweigh the interests of the public in having areasol1llbleoppoIl1mitytoatt,enci. Rheav. SchoolBoardofAJachua CoIDllJ', 636So.2d 1383 (Fla.lstDCA 1994). . b. Meetlnp.atfacUltles that d1SCti.mJuate orUDreasonably restrict access prohibited Section 286.011, Florida Statutes, prohibits boards or comm;.<ions subject'to its provisions from holding their meetings lit any facility which di"",;",,;"'les on the basis of sex, age, =, creed, color, origin, or ccono.micstatus, or which operates in such I manner as to umeasonably:restrict public access to such a facility. Section286.011(6); Plorida Statutes, Thus, I police pension board shouid not hold its meetings in a facility whereJhepublic has 1imitedaccess and where thcmo may be I "cl1im"g" effect on the public's w;niT"" to attend by requiring the public to provide identification, to leave the such identification wlii1e 8ttrmding the meeting and to request pennission before entering the room where the meeting is held. Op. Ar.t'y Oen. Fll. 96-55 (1996). c. lnspectIon trips Members of . public board or commission are not probJ."bited under the Sun.hiM Law from conducting inspection trips. H~ever. if di....;.qons relating to the business of the board will occur between board members.duringaninspec"tion.trip, then the requizements of section286.011, Florida Statutes,must be. Op. Ar.t'y Gen. FlI. 76-141 (1976). And see; Op. Att'yGeaFlI. 02-24 (2002) (two or more members of an advisory group Cleated by a city code to make recoIIlDlCI1dations to the city council or plllI1Ding commissionon pl"Ot"'ocddeveIopme;ntmay<:onductvegcltation surveys without subjecting themselves to the I1l>tice.andminutcs requircmems of the Slm.hi-Law, provided that they do-notditcuss~ themselVC$ any recv~atioIlS the committee may mate to the council orpl.~ commission, or COIIlIDellts on the proposed development that the committee may make to city officials). .,' 4. Can restrictions be pltu;ed on the publk 'saJtendance lit, orptl1'ticipation in, ,apubIkmeeting? ,a: . -Exclusion of Certatnmembers of-the public The Iem1 "open to the pubJic" ,as used in the Sunshine Law means open to all who choose to attend. Op. A~'y GeaFlI. 99-53 (1999). A :hoard's tcquest that certain membets of the public "voluntari1y" leave the room during portions of a public meeting is not authorized. For example, in Port Evergltzdu Authority v. Intenrmional Longshoremm'sAssociation. Local 1922-1, 652 So.2d 1169(Fl1. 4th DCA 1995),ihe appc11ate court affinned a lower COUrt mling finding that a meeting of a plOClIrement committee in Which the ch.i1"""" asked eachpteSCIllcr "as a courtesy" to leave the meeting room while the committee considered competing presentations violated the Sn".n;"" Law. Staff of a public agency clearly are members of the public as well as employees of 1hc agency; they carmot, therefore, be excluded from public meetings. Op. Atfy Gen. FlI. 79-01 (1979). Section 286.011, Florida Statutes. however, does not preclude the reasOnlbleapplication of ordinary personnel policies, for example, the requirenicm that annual leave be used to attend meetings, provided that such policies do not -17- . -- *- 'III t. I 16 ! 192111 frustrate or subvert the PUlpose of the Sunshine Law. Id. b. Cameras and tape recorders RelSOllable lUles.and policies which ensure the OIdcrly conduct of a public meeting and which require oldedy behavior on the part of those persons alt1on<lj"g a public meeting may be adopted by the board or commission. However, ,a board may not ban videotaping ofan othcrwiscJlllblic meeting. Pillellas CoIU1t)l School Board II. Srmcam, Inc., 829 So. 2d 989 (Fla. 2d DCA 2(02). Similarly, alUle or policy that prohibits nondisnlptive or silent tapc=rding devicesatpubllc 1!lt'''';''V is invalid. Cp. Att'y GeD. Fla. 77-122 (1977). Co Public's right to participate In a meeting ., In providing an OPPUltuuity forpublicparticipation, theAtIomey Genc.mJ.'s Office is of the view'that reasonable roles and policies. which ensure the orderly conduct of,a public """";ng and which require orderly 'behavior on the part of those pcrsonsattending, may be adopted by a board. For example, a'lUle which limits the amount of1imc an individnal may addIess the board could be adopted provided that the time limit does not lDIreasonably restrict the public's right of a6cess. But see, Ellergreen 1M Tree Treasurers of Ozarlout CoIU1t)l, 11lC. II. Charlone Counzy Board of County Comntissloners, 810 So. 2d 526 (Fla. 2d DCA 2002) (C01IIlty development review committee should have allowed public COIllIllCUt before making its ~ion on a project). Compare, Law and Infomilllion Strllices v. City of Riviera Beach, 670 So. 2d 1014 (F.Ia. 4th DCA 1996) (public docsnothavx a rigbt to speak on all issues pxi'orto board's leSo1ution of the issue); HomesttDd-M"UJIIIi Speedway, uc. ~ City of Miami, 828 So., 2d 411 (Fla. 3d DCA2002) (city did not violate the S1m..ixJ... Law where 1hcrewas public participation and debate in some bllt not all of the meetings conccming a proposed contract). ' :.t., Al1hough not direct1y considering the s.m..;n... Law, the court in Jones v. Heyman. 888' F.2d 1328, 1333 (11th Cir. 1989), recognized that "to deny the pICSiding oflicer,the authority to reg1i1ate irrelevant debate IIld disruptive behavior at a public meeting - would cause such meetings to drag on interminably, and deny othcn the opportunity to voice their opinions. " Thus the court concluded that a mayor's actions in attc:mpting to confim> the speaker to 1he agemia item in the city commission meeting and having the speaker removed when lhe spcalceuppcaICd to become disruptive constituted a telISonable time, place and IIllIllI1Cr reg1i1ation.md did not violatc1be speabr's rll'St AmtmdlJl"'l1t rights. 5. Must written minUtes be kept of all sunshine meetings? . Scctiou.286.011. Florida Statutes, spceiiically ~s thatminutcs,of a meeting of a public board or commission be promptly recolded and open to public inspection. The minutes required to be kept for .workshop" mt'.....;"&l' are not i:tiffercnt than those ~d for any other m"""';"$ of a public board or commission. Cp. Atty GeIi. Fla.74-62 (1974). Draft minutes of a board mcetingmay be cin:uIated to iDdividnal board lJX;IJIbea. for conections and studying prior to approval by the board, so long as any changes.com:ctions, or deletions are discussed IIld adopted during thepublicmceting when theboardadoplS the minutes. Ops. My Gen. FIa. 02"51 (2002) and 74-294 (1914). The minutes.arc public =rds when the person i'csponsible for preparing the minutes has pcrfouncd his or her duty even 1hough they have not yet been sent to the board members or officially approved by the board. Cp. ft&y Gcn. Fla. 91,26 (1991). ' -18, . . . . . . . II II II II .. II .. II III II II II '16"{ 1 23 B~ 1 6. In addition to minutes, does the SUlI$hine Law also require thatnieetings be.transcribed or tope recorded? Minutes of Sunshine Law meetings need not be verbatim transcripts of-the meetings; .rather the use of the term "minute's" in scction286.011, Florida Statutes, conten:lplates-abrief snmmary or series of brief notes or memoranda reflecting the events ofthemceting. Cp. Att'y Gcn. Fla. 82-47 (1982). There is no requirement that tape :recordings be made by the public boudor commission at ciJch public meeting. However, once made, suc:b. =rdiJ!gs.Me pnblic :records Uld their retention is controlled by section 119.041, Florida Statutes,and the scbed1l1es established by 'the Division of Libra1y and Information Serviccs of the Deparlment of State. Cp. Att'y Gen. F1a.86-21 (1986). 7. May members of 4 public boafd vote by written orJecret balltJt? Board membCIS ue not prohibited from using written ballots to cast a vote~iong ~ t!ic votes are ' made openly at a public meeting, and the ballots are maintained and made available for public inspection in accoldancc with the Public Records Act Cp. Att'y Gcn. F1a. 73-344 (1973). By contrast, a secret ballot violates the S11n.hi"" Law. See, Cp. Att'y Gen. F1a. 73-264 (1973) (members of. a persoxmeJ. board may nol vote by secret ballot during a hearing COJlCl"S"lng A public employee). Accord, Ops. My Gcn. F1a.72~326 (197~ and 71-32 (1971) (board maynotuse sccrctballots to elect the chaimJan and other officers of the board). " ' G. WHAT ARE THE CONSEQUENCES IF A PUBLIC BOARD OR C0MMISS10NF'AILSTOCOMPLYWITH:THESUNSHlNELA W? 1. Crimbuzl penalties Any ~ of a board 01' commission or of any state agency or authority of a colinty, municipal corporation, or political-subdivision who knowingly violates the Sunshine Law'is guilty Of a mis<ll'lIIlUIlOr of1hesecond degree. Section 286.oJ 1 (3)(b ),F1onda Statutes. Conduct whic:b. oc:curs outside the state whic:b. ,constitutes a knowing violation of the Sunshine Law isa second degree misdl':Dlt'lDOr. Section 286.011(3)(c), Florida Statutes. Such violations are prosecuted in the.county in whic:b. the board or commissionnollDal1y conducts its official busiI=ss. Section 910. 16"F1onda Statutes. The ,,"min.! penalties apply to .members of advlsoJ;y COU1l-ci1~ subject to the Sun.hi_ Law IS weU U to members of e1cctcd or appointed boards. Cp.l&y Gcn. F1a. 01-84 (2001) (schooladviSoxy council members). 2. Ja1M'Palfrom office WhCDA ~thod forremovalfrom officcis noto1herwise provided'by1he Constimtionorby law,:the GovcrnOr may suspend an c1cctcd or appoinlcd public officer who is indicted or infO[JIlCdagainst for any misdemeanor arising directly out ofhis official duties. Section 112.52, Florida Statntcs. If convicted, the officer may be removed from ofIicc by executive orclcr of1he Govcnior. A person who pleads guilty ornolo contend..... or who is found gUilty is, for purposes of section 112.52,F1orida Stab1tcs,deemed to have been convicted, notwithst."i1i,\! 1he suspension of sentence or the withholding of Adjudication. Cf., section 112.51, Florida Statutes, and article IV, section 7, Florida Constitution. -19- . .. .. I. - II IJj . ..r .' '. 1 (.:'" ' '21l .' I ~ ......l , >~, B 1 .~ 3. NonCriminal infractions Section286.0l1(3Xa),FIorida Statutes, imposes nonc:riminaJ. penalties for violations of the 51ln.h;n" Law by providing that any publieofficial'vio1ating the -provisions of the Sunoh;"" Law is guilty of a noncriminal infraction, punishable by a:fiDe not exeeeding$SOO.The state.attomey may pI1ISUe actions on behalf of the state against public officials for violations of section 286.011, Florida StallJt.es, which result in a finding of guilt for a noncrinnnal infraction. Cp. Alty Gen. Fla. 91-38 (1991). 4. AttoT'MJ'sfees Reasonable atIomey's fees will be assessed .against, a board or COIIDDission found to have violated section286.011, Florida Statutes. Such fees maybe assessed against the individual members of the board except in those cases wh= the board sought, and took, the advice of its attomey, such fees may not be assessed against the individual membCIS of the board. Section 286.011(4), Florida Statutes. Section 286.011 (4) also authorizes an award of appellate fees if a person successfully appeals a triaJ COUrt arder denying access. School Board of AJochua County v. Rhea, 661 So. lei 331 (PIa. 1st DCA 1995), review denied, 670 So.2d 939 (Fla. 1996). However, this statute "does not supenede the appellate rules, nor does it lIUthorize the trial COUrt to make an initial award of appellate attorney's fees." Id., at 332. Thns, a person prevailing on appeal must file an appropriate motion in the appellate C01lJt in order to receive appelJateJltlDmey's fees. " 5. ova adionsJorinjunaive or declizratory relhf Section 286.011(2), Florida Statutes,states that.. the circuit, courts have jurisdiction to issue injunctiOD$ upon application by any citizen of this state. The borden of pxcvailing in such actions has been significantJy eased by Ibe judiciary in snn.!.;"" cases. While notmally irreparable injuiy ihust be proved by the p!ainliffbefore an'injunction may be issued, in Snn.hm.. Law cases the mere showing that the law has been violated COIlSI.itnte~"irreparable public injwy." Town of Palm BetU:h v. Gradison, 296 So. 2d473 (PIa. 1974);T'll7Ies Publishing Compan:y v. Williams,222 So. 2d-470 (PIa. 2d DCA 1969), disapproved in part on other groll1ld.r, Nell v. M'uzmi Herald Publishing Company. 462 So. 2d 821 (PIa. 1985). Although a C01lJt cannot issue a blanket order enjoining any violation of the Sunshine Law on a showing that it was violated in particnlat =Peets, a C01lJt may enjoin a future violation that bears some resemb1ance. to the past violation. Port Everglades Authority v. ITIleinazioruil,Longshoremen's Association, Local 1922-1, 652 So.2d 1169,1173 (Fla. 4th DCA 1995). Thefutureconductmustbe "specified, with such reasonable definiteness and certainty 1hat the defendant could readily know what it must refrain from doing withontspecuJationandconjecture. " Id., quotingfromBoardofPubUc I1IS/ruction v. Doran, 22450. 2d693, 699 (PIa. 1969). 6. Validity of tu:tiDn talun in violation of the Sunshine Law mid subsequeTll corrective tu:tiDn Section 286.0 II, Florida StallJt.es, provides that no resolution, role, regulation or formal action shall be considered bindin& except as ~ or madeatan open meeting. -20- - - 16 118 - .. J: "" - -n ., - ~ - ... >- r- S '" fT'\ D " 0 ~ .." .. '" ... .;; ". ... en ,. 32: I" ORDAINED BY TH2: BOAllO OF COUNTY CCMMISSIONEllS OF COLt-lEA Cotnrri, FLORIDA: SECTION ONE: poLICY DECLARATION. It i" her.:!:by d.eclar:ad to be the policy of the Board of ~Qnty Cazai5l-ioner:J ~lCOllie:r Ccunt.YJ i'lor:.da, to promote 'i!:c.tlnomy, .tficioncy anc! LlprQved JeX'"rice: "in the t.:a.nilaction of tile ,public business by County :Soa:rd:.1. N'ot..,i.nq .1.:n. thia Ord.inance shall be construed 'to proh1bi,t or :t3st=ict 't.'\eC3Jl.l.:uion :fr9CD amending or Dolia:l\in91 lot any time, .ulY 3c:ard cu:::ently in 'l'h'e tOni .Soard." 1:s de:t'ined to includ.6 e.,er.l ol.g-encYl &dvlaory boa:d, requlatory bo4:d, quaJi-judicial hca:d, commit- tee.. ta.lk :fQrc~1 or a~'y other groupcraat.ed and fu.'1deo in whole or in part by 'the 30ard ol ':OQAt.y C>;uozai,:ilion.r:l9 The t:erra "COlUlit~lion. is defined as the Board at. County Commi~.ionera of Colll~r County, ?lorida. The term .Exempt~ is defined ~o include Ad-Hoc Study Committees appointed by ~.olution of the 30ard cf ~ounty Commis- sioners for a duration ot. not mora th.an one Cll ~'ear and c:reatec1 to .orv. a .pec1fic short-term function. ia.) All Board.s created. after the effective date of this Ord.inance .halJ. be created by oralnance only t except for the Ad-Hoc Study COBlmittees which tAll under the c1elinition. of EXOl1lpt. Such ordinance ahall sat forth the Board's purposes, functions, powera, responsibilities, jurisdiction, ~mber.nip , . RECEIVED AIlC IS 9 Z1 hJ\ 'ar. ORllINANC2: NO. 86 - .....it ORDINANC2: ESTABLISHIIIG STANDARDS FOR lLI!\~ t!M'f~:{:r.t:llCREA'rION AND REVIZW OF COt1NT~ BOARDS t"\.\~' "ol ANO PROVIDING A POLICY DECLARATION, PROVIDING EXEMPTION, PROVIDING DEFINI- TIONS; P~OVIOING QUALIFICATIONS ~O REQUIREMENTS FOR MEMaERSRIP; PROVIOING PROCESS OF APPOINTMENTS I PROVIDING TERfllS OF OFFICE; PRovIDING SCHEDULE FOR REVIE'H OF BOARDS; PROVIDING ATTEN- DAlICE REQUIREMENTS 1 PROVIDING SEVER- ABILITY, AND PROVIDING AN EFFEC'rIVE DATE. exi~tence ~r bereinatt~r e~ea~aQ~ SECTION "1'WO; I)ESIN'ITYONS~ SECTION ':iCUE: CREATION OF NEW BOARDS. lOOK 024. n", 85 161J.P -, - , requi:r2lment.3 .md. re.triction., term. and cond.itions of appoint- :ant to and .removal from the Board., and the Ipecific staff ilupport~ it antI nac:eBsary to prepar-e an annual report, either oral or vrittan, to be presented to the Commission. {el Prior to the a.dvertised public hearing held tor .aid ord.inance, the County Manaqer shall submit to the Commission, a report aettinq forth 'the :followin9 information concerninq the proposed new Board: 1.J Whether the eatabli$hment of the Soard will craate ~uff!cient bettarment to the community to justify the C~ia.ionI3 deleqation ot a portion of it3 agtho:ri~y. 2.] Whether another 30ard or Jqency. either public or priv....te~ tt.l::e.3dy in axiatence. cOllld .aer'1e, or i.1 ;ler"dong die .lame purpose. 3. J '!he coat;! ~ :both dir~ct 3nd i.":Idirect I o;! e.t.ab- li3hinq~nd aaintaininq .the new Board. ". J ;"net...~er cZ'aaticn ;Q:! t:'t-e ,n..,.,., '3oa-rei i;s ~ec.:ss.:j' to 4n~bla tae County to ob~aln ~t~t~ or f~deral gr3n~3 ~r other tlnancinq. 3,~ Whethe.: -~:le 30.1rd :should have bonding' authority. '5. ~ :ihethe::- creation 0:': iJ. new ;3oard 13 the Deat method to achi.ve the ~nefit de.ired. SZC'l'IOtl ?OUR; Z~n:."lPTIOH. The Board of C~unt1 C~i~.1oner3 may, by r..olut1on, appoint an Ad-Hoc Study ~ommitte. tor a 3peeif1c project, if the duration of the Committee doem not excaod ene (1) year duration. The r.,solution JlU~t ~et forth the dutie. and rasponsibilit.ie. of .,' .~he C~itt8e and contain lanqua98 which automat~cally a~..olYe. the C~ittee i~ one (1) year trom the date of adQ?tion by the Commil!l3:ion. SECTION FIVE: '10ALIF!CATIONS AND ilEQUIREHENTS FOR ?'oR KEMBERSHIP ON BOARDS All members of County Boards ahall be permanent r8sidents and electors of Collier County and >>hould be r~put&bl~ and active in c~unity .e~vice. In addition, all B~ard member. should have 1001 024 ""I 86 2 . ,1 . I:. .j ---.-..-..-- 1 - - 16118 - , demonstzatad an inter:at in the Ac~lvity or ..rvica which is the purpo.. of the aoard. Any =ember ot A County Soard who ceases to be A resident of Collier County during hia or her term of office shall immediately advl.a the Commission of Buch change in status. Upon such notice ~he Commi,.ion shall declare the position to be vacant and ahall promptly :fill same pursuant t.o the provisions of Section Six herein. '1'he Ce=aal:uion IS primary .conaideration in appointing Board. member3 shall ~e to provide the 30ard with the tachnical~ pro!as- 3ional, fin.ncial, busineS3 or admini~trative a~pert!3~ necessar1 to af!ectively 3ccompllsh the goard'~ purpoBeG ~o person ~hall 3er7e on mors ~~an t~ ~~unty Board, simul- t~n<eou31y. No member of any County 3oax~ .hall ~ecome a candidatd tor an ~l~cti~. political olliea ~nd ~~ntinue to 'erJ~ on such ~oa~. Should a.ny CDunt:y .'3oa::.d ;wmbe:: ;qua.li:!y .ail a o3.:nclld.a.t,!i !or an ~lactive political o!iica, .uch quali!ica~ion 3hall ~ deemed 3. t!inder of r2si9n~tion !=Cf1lJuch 3oa:'.d.. - MY Count.y 30ard :Member who has quali:flred :tor al~cti."I. :?Oli'tical oities prior to ;.he af~~ct.ive date of thi.3 Ordlnanc;J ;shall not; ~ r2l~ir.d nor :be d~emedto hAva =~Biqned from .uch 3oard. SZC~ION SIX; PReCESS OF APPOINTMENT. (a.) Vacanci~s occurring on 3.1\:1 .Board :shall be publici:edl Dut need noe be advertisedl in a publication of general circulation within the CDunty, and vaca.ncy notic8:S Ari! to be post~d in the Caunty l~ra.rie. a.nd Cou.nt.y Cou-rthoue.. (b) :Prior to zq.king appointments tC" :aoard., ! b.e COC"'..l:uionls .ItAif :Shall provide the Comm.1..ic.;'\ with A list outlininq the ql1al.1!ica.t.ionl and demographic back~'oun4 of each candidate- for Board :member3hip, along with a liat d~tailin9 the qua.lificAtions and desao9"raphic baexgrou.r.da of present aember3 seeking reappointment on each Board to which an appointment- is being made. 1001 024....1. 87 3 . . "., . : j II . 16/1U , SECTION SEVEl" '!'ERH 0" O....ICE. ta) T~rml of office for Board Members ahall ~e 3taqgered. (b.) (1) Tarms of oftiee for Board members shall be limited to two conseeutiYe terms of serviee on anyone Soard; pro- vided, however, that any perllan currently serving .on a Soard shall be pend tt~d to aerve on that Board until the expiration of his or her term.. (21 By OJ. unanimous "{ote of the COllWlas ion, the 11m! ta- tionll set forth in subsection (bl (1) above may he 'lI'aived. (c) Nothing ;lat forth in subsections (b) UJ above ahall prohibit any individual E=o~ beinq reappoin~ed to A Board aft8r 4 hiatu. of t~o y.a:3. SECTION EIG?T: AT'l'EHDANCB :REOUJ:REMEN'r. AD? Boa:d ~mber ahall be automatically r~mcved it ne or she i. .a.b..nt !.rCtl to:.ro ccnilecut.ive l!oA:-d meetinqa' withou~ a aatis- factor~ ~XCU48 or it he or ~he i~ aD.ant irom ~re ~~an one-ha~f ol t.":l.e 3oa=d'J =e"tinq.:s ;i." :j, given fiscal ".fe.ar. A. ::aeJllb.er of ... 3oa~d sha.ll :'e deemed 3.bs,e;nt !::ora :a Olloetinq '>Ihen he or 2he i:s not ?reaent duri~9 .t lea~t 751 Qt ~~e ~e~inq. S~ION N1.NE.~ ~'D'V!Z'"". OF !OARVS. -C==aencintj :JanUAry ::. J ;1,))7 1 ~ltch :Boa.rd. Jh.1.11 be Z's.,ie'We4 in ~~e followinq nanner: !a' On or belor3 Janu~-y 13th of ~~~ year ~~ which 1 Soard 1:1 tc be :"1'ricwecl,: it.:. Cha.i:per.:aon :sball :Jubalit 't':l theCount:J' Manaqet' a r:aport '",tting forth tha iollowi.il.g' i~'1t'ormation re9.rd1nq tho foard: 1.) Whether tho 30ard 1:.1 ;Jarvinq the purpose for which it "a.a created. 2.) 'Whether .t:J1. Board i. adequately :tIerving C"'.J.rrlltnt. co~ity ne.d~. 3.) ^ list. ot the :Soard'a .!Illajor accoMrlh1w.ent. tor the precedlnq t_elve month period. 4.) ~hether there is any other Board or Agency, either public or private, .....hicn i. aerving or would bet.t:er ..Ne the pUTpoS~ tor which the Board was created. IOU 02fl....! sa . I 1- . .! . . . ~ I ., 11 .1.-) .. ;.' ---.--- - - 16/1- B , s.; ~e~~er the ordinanco craatinq the Boa~d ahould be ;uqnded to allow the :Board to :mor" adequately ~erve the purpose for wnich it ~a. cr~ated. 0.; Whether the BQArd'3 membership req~1rements ahould be =odiliaa. 7.' The cost, both direct and indirect, of ~intaininq the .Board. (bl On or before February 15th of ~~e yeAr in ~hich ill Board 1.1 to .c~ revi-awedt the CO':J.nty HanilLqer shall delivt!r to the CODmi~8ion L~. report ~ubmitted by the Chairpe130n of eacn 3oard, pursuant t. S*-ction 9 (aJ of thi. Ordinance, tog-ether \11th arty r~commendatior. Dr commenta the County Xanaqer ..y hava. ic) uU;:oitl9 March. 1,1t.he :tea,: in wbich a Board is to ~e re~ieved, the Cha1r~erson ~hall ~a an 0:a1 pr~~entatio~ ~o the Ccnmisai.-Jn .. S1 ~.1. prallen't.at.ion .hall 1;:,. ;t)asaci upor. thra rllport :Jubmittad to t.he .c~:.."t1 :ia.naqer ?\lJ:3uant. to Section 9 ,ta} :of th~:I Ord in.:l.1.ce ~ .\t. "the conclusion of :saId 'or3.1 ?ra.\lilJn'tat.ion any CoIaah:lioner MilY :aqueatt..". tor:aation ~t.il :subccram.ittee con- ;Jiati~q ol~h:-ee i3! mel:l.ber3 ,of. 'tJ1e C.ommi:a::Jio.'... Said SubCOUl- ai~tee ~hall eVAluate tAe Chairper30nls raportj ~'e Co~~ty :u.naqcr I 3 r~cemaendationa :i:lQ any other iJ1t~r.u. ticn it. deems =~':4vant t.odet.~'::lline wbethe:- ':.h. BOArd. shall continue in it:. prIJ..nt Lom.. 1"~e. :Jubcclllli,t-:.ae :Jhall :rt:por't to th~ COJIa:i"aion no~ later than vithin ninet1 (90) daY3 after the~- initial >>eetinq. !dl At the conclu8ionof t.hia review proco:u J t.."1e Coami.- s10n shall determine whether ~o aboli.b, continue, consolidate or modify ~e Board for the en.uinq four years. te) The ~ollovinq Board. 8hall be reviewed in the year. a. set forth bel~ and shall be reviewed oree every four (.) years thereAft.er: un: Board of Adjustment and Appea13 Food Establianm.nt aeview Board Tourist Development Council Emergency Medical Services Advisory Council 1001 024",,! 89 5 I I . ,; i. , I I . . - -- 16 ,I.. B 1 , 1988. Library Advisory Board Golden Gate Community Center Advisory Committee Contraotor. Llcen.inq Board Isles of Capri Fire Control District . Advisory Board Parks and Recreation A4vi~ory Soard Citizens Advisory Task Force Collier Co~nty Cede Enforcament Board Colden Gate Parkway Beautification Advisory Committee Collier County Planning Commission :l4.a.rco Island Beautification Advisory COnlZllii,t.tee Ochopee Fire Control District Advisory Committee Natural Resources Advisory Council (EAC/WMABJ Public Vehicle Advisory C~ittee I~okalee Airport Adv130ry aoard Al~ Soaids created a~ter the effective dat3 ot thia 1989: 1990, ,f) ordinanc~ 'hall be r~vlewed ones avery four (4) year~thereatter. SECT:ON TEN: CONFLICT AND SEVERABIL.!"ty. Ii! the ayent this OrdinaDc~c:onilic't3 1tfith any other ,ordinAnce co! C~lli.JIr COLlnt:.:r o.t'.otho:r applic.J.bla law, the mora r:;:LJuictlve ahall 3.pp1:r. 1': :.Any :?hr.1.iUli or por'tion of 'this Ord~art:a 1~ h<<la invalid or mn~ons'ti't~tional by ~ny =our~ ot' .::azq:et.:nt. ju:i$.diction~ :llJch por'tion .h.all :be1~hl1Hd :l ;1.pa=~t:ai diatinct and independent provision and ~ueh holding shal~ not affect ~he validity ol ~~. r~ininq portion. SECTION ELEV~; l:Y?ECTIV'.t OATS. Thi$ OrdlnanceJhall become a~f3cti~~ upon r~ceipt of notice tram the S.crata~.. o~ Sta~a '~t thi3 Ordinanca ha3 been tiled with tho S.crat~ryot Statz. pA:;Jll:1t;{i!l7."{ll1L:! .\llOnEll 'Dy tile Board of County C""""l..icnen /"'.,~. ../0:'" of ~lp:!'~i:;O.~~.lorida, t.~iJ -S.t.h.. day?t a1Hm~~ , 1986. i.);....~....{'),'+r....~ 10: ;t!~:. ~~r..~-": ...........~ ~\:~,.... ';". ! . ':-.; .n...~.." ui:;~.S};.;t .: < J~~.. LI!S~. ~rk ~ .. . ~.l;ii'~ .r !:- .~~:..'W~~ . virgfU ~t:~."." Depu~y../e1....~k.;.. . .,..- Ii........,.. Approved aa to torm and leqal aufficieney: '~~~",A1h",~ R. B uc. erann Aasistant County Attorney ""10 onII.once flied wI'" ~ 5<<Nt4fy of St.t.'a Of~h /It:Q.dol'.fa.c.......:.~ _~U-~_ ~~~ dol' , "'-';.0 - 024..,,! 00 ' JODI 6 - . ". - .' . I .' , ':0'''1 , I .1 , , I , I , II. I. . : I ,; 1611 B 1 STATE OF fLORJDA CCONTY OF COLLIER I, JAMES C. GILES, Clerk of CQurta in and for the Twentieth Judici~l Circuit, Callier County, Florida, do her~cy certify that the foregoing ls.a true ori9inal of I i .' ....L. ~. . < i t .. I . .. I. , . I , : I , .1. I. ORDIlIANCE NO. 86-41 that was adopt.ed by the Board of County COKUDia::sionec:s during Re9ula~ Session on the 5th ~ay of August, 1936. WITNESS my hand and the official seal ot the Board of County C~zmi33ioner3 of C~lli~r CountYl E:orida1 ~,i~ 6th day ~t .A1:9ust~ 1986.. .jAMES C.. GILES. C4~"t: Clerk of Court:s o!Ind,.:J..erk ~-oi!icio to the Board of County COaraissioner:J :a,,: . '1ir9i ....,...'1".."..,.; ......:.~~.,i.i..s ;v~....,~ . .. 1 .......... u))'~ ,.' ,.Y..: ~". _' ...~ v ~ ~ / . ,',",,~ MagrJ., ..'Pse ~. u-:: . :~.E"""'':''''J. ">"}"~:::;): .: " ~""'" ..~ .... C"J" ;':0--:' .r::.~:':":t;.~L~.:q.= ........... ~~. ''/'41 .~ <OO.roO: ~....~ . _ 'J .- ..~ .... . "'';;:;'/. ~ ._....:." .10....: '--. .0 ....1 ;r.., ..... ....) ~~ . ".';.........~ ~T:;j"....~ .....:...~'f1 mrJ~~ ,...,,, ......lltt....",..,. IIIH 024...:,! 91 EXECUTIVE SUMMARY 1611 Recommendation that the Board review and approve an Ordinance Creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed three (3) mils of Ad Valorem Taxes per year; providing for the collection of taxes; providing for creation of the Haldeman Creek Maintenance Dredging Advisory Committee, appointment and composition; providing for the terms of office of the Advisory Committee; providing for the officers of the Advisory Committee, quorum and rules of the procedure; providing for functions, powers and duties of the Advisory Committee; providing for the duties of the County Manager or his designee; providing for the review process of the Advisory Committee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for an effective date OBJECTIVE: That the Board of County Commissioners approve an ordinance creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (hereafter, the "MSTU"). CONSIDERATIONS: The proposed MSTU ordinance is for creation of Haldeman Creek MSTU for the purpose of providing maintenance dredging within the MSTU as determined by the Advisory Committee and approved by the Board of County Commissioners. The maintenance tasks shall include but not be limited to: maintenance dredging and maintenance of navigational channel markers. At the May 9, 2006, regular meeting of the Board of County Commissioners, it approved Agenda Item 10H, which is a contract in the amount of $1,975,530.87 awarded to Energy Resources, Inc. and allocated $197,553.09 (10% of the construction cost) for contingency purposes to dredge Haldeman Creek per Bid Contract Number 06-3960, Project Number 510 Ill. Also on May 9, 2006, the Board of County Commissioners approved change order to Contract Number 01-3216 Haldeman Creek Restoration Project (Agenda Item 10H) with Woods Hole Group, Inc. in the amount of $264,074. Currently Contract No. 06-3960, project 5lOI11 is under construction and is approximately 50% completed. Upon completion of project 510111, the proposed Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit would be responsible for continued maintenance as per the ordinance. Attached hereto is a copy of the ordinance, which includes attached as composite Exhibit "A," the geographical boundaries of the proposed MSTU area. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the Haldeman Creek Maintenance Dredging MSTU Fund and related Cost Center; (2) Mechanism to establish the budget based upon certified taxable value and applied millage rate. Based upon a projected taxable value equal to $90,901,370 the extension of taxes based upon 3 mils would raise approximately $272,704 RECOMMENDA nON: That the Board approve the attached ordinance creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit. Further, that the Board authorize the Chairman to sign said ordinance if approved by the Board. Prepared By: Darryl Richard, Project Manager, Transportation Divisions, A TM Attachments: (I) Ordinance; (2) MSTU Boundary Map , ~ = ~F:: (1)= -I"" ~~ .> ~z =~ == ---,." ,." ~ . ;: " ~ ~ 16/1 B'l I' z 16/1 rd ..., , , 1(,...) M..... "'=. ~mt 1l1.~Kt ' "', '3M 7 ~,"""""'VaIue ":;'" ",._, QI~.!i!n .1.4 ~fiqK ......,.,a?0 07 t~r~ Value OOr r<<te, Mnlleveftu. , c.t......, -1.. m....oQH~K '. .~im 07 Cde<ttax.al:ll. Value . MuIt' . 'llIte $113,626.71 IKltH Allnu8lRWenu. MlI1ap ,....,; nIl8l~. .~'. . 1 6 I n 1 1 \:..",.t l] PARCEUD NAME1 NAME2 CITY_ST sr USZIP5 TAX_VAL 81780520007 CASSIDY, JULIE Z 3831 NEVIL 5T OAKLAND CA 94601 $50.00 81780480008 REFERENCE ONLY PORT NELL VILLAS CONDOMINIUM $0.00 71800000323 SCHANTZEN, ALLEN M 3321 CANAL 5T NAPLES FL 34112 $64,430.00 71800000666 BEATTY TR, KAREN l KAREN L BEATTY REVOCABLE TRUST NAPLES FL 34112 $107,248.00 48172240006 PATFRAN PROPERTIES LLC 1000 PETTIT CT MARCO ISLAND FL 34145 $823,749.00 71800000420 BRICHER, DOROTHY C PO BOX 9934 NAPLES FL 34101 $230,000.00 71800000608 MAC DONALD, ROBERT J=& MARIJl1895 E GORDON DR NAPLES FL 34102 $322,176.00 48172280008 PATFRAN PROPERTIES 1000 PETTIT CT MARCO ISLAND FL 34145 $423,696.00 71800000242 DELAlE, MYRON 3399 CANAL ST NAPLES FL 34112 $288,159.00 71800000226 FLICK, ROBERT A ENDERLE TR, MELVIN=& MARGARET NAPLES FL 34112 $299,060.00 48173280007 VK HOLDINGS TREVISO BAY MARINA LLC BROOKFIELD WI 53045 $1,598,989.00 48730800008 CASSIDY, JULIE Z 3831 NEVIL ST OAKLAND CA 94601 $262,434.00 389360005 REFERENCE ONLY NAPLES SANDPIPER BAY CLUB $0.00 388160002 HACKTR, MARVIN A VIRGINIA A HACK TR NAPLES FL 34112 $893.00 29830800006 FOTRE SR, WILLIAM J 2918 ORANGE ST NAPLES FL 34112 $139,220.00 29830760009 FOTRE SR TR, WILLIAM J ITF SUZANNE M FOTRE TR 4/11/89 NAPLES FL 34101 $230,917.00 29830600004 DAVIS INVESTMENTS LLC 5405 TAYLOR RD STE 4 NAPLES FL 34109 $128,147.00 61835160002 BUSCEMI, JOSEPH A 2651 BAYVIEW DR NAPLES FL 34112 $170,000.00 61635520008 LAKEVIEW DRIVE OF NAPLES LLC 365 5TH AVE S STE 201 NAPLES FL 34102 $105,750.00 82840080004 WINDSTAR MASTER ASSOC INC 1700 WINDSTAR BLVD NAPLES FL 34112 $3,801.00 48170520003 MANRING, THOMAS W MANRING, JOSHUA R NAPLES FL 34101 $1,027,731.00 48170920001 NEWMARK, EILEEN EVANS EVANS, BRAD SAN DIEGO CA 92101 $1,010,360.00 388200001 NAPLES LAND YACHT HARBOR IN( 2801 PALM ST NAPLES FL 34112 $8,609,052.00 71781100009 BLACK BEAR PROP OF FLA LLC 840 JUNG BLVD W NAPLES FL 34120 $192,375.00 48171120004 GUTIERREZ, MAURICE C:=& LORI'" 2736 SHOREVIEW DR NAPLES FL 34112 $650,020.00 71780600005 DESIGNERS COLUCITIBLES LLC 1136 DORMIE DR NAPLES FL 34108 $658,136.00 71800000462 HOWCO, JAMES N 3400 CANAL ST NAPLES FL 34112 $144,209.00 71781080006 BLACK BEAR PROP OF FLA LLC 840 JUNG BLVD W NAPLES FL 34120 $192,375.00 71780720008 CRAIG, DONALD A:=& TERRY L 2970 SABAL CT NAPLES FL 34112 $500,320.00 48173400007 DANIELS, REBECCA A 2805 LAKEVIEW DR NAPLES FL 34112 $87,210.00 48173520000 WOODWORTH, DAVID:=& LUCY 2735 LAKEV1EW DR NAPLES FL 34112 $92,291.00 48173560002 WEBSTER, GEORGE W W2730 STATE ROAD 16 WEST SALEM WI 54669 $576,879.00 48173600001 BETULA LLC PO BOX 26642 INDIANAPOLIS IN 46226 $584,843.00 48173760006 FOX, ANN MARIE 2613 LAKEVIEW DR NAPLES FL 34112 $374,739.00 48173720004 SIMOLDONI, JOHN 2631 LAKEVIEW DR NAPLES FL 34112 $111,948.00 48175240003 NICHOLSON JR TR, ALEXANDER VI AMSOUTH BANK TR BONITA SPRINGS FL 34134 $550,262.00 392160001 GIBSON, NEIL;& CAROLYN 3388 CAPTAINS CV NAPLES FL 34112 $87,902.00 48175080001 WARBURTON, CHRISTOPHER C 367 HARRISON ST PARAMUS NJ 07652 $439,236.00 71800000569 MC DONALD, ROBERT;& MARIANN 1895 E GORDON DR NAPLES FL 34102 $115,000.00 392200000 HOTZ, JOHN A 69 SHORES AVE NAPLES FL 34110 $177,979.00 71800000488 PAUL, LUCIENNE PAUL. 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" ii' " -- " " "'"",- v.s-' " , ~', 'it? ' " "" - - '=- !'_l' "'C)\ -~\ -:.l -II :y !IiI -I ~, 0:::\ 01 D- o:::' I -.\ <(, I ,-~ '~', '. ", '" "'~ ". ;'~ HALDEMAN CREEK MSTU SELECTED PARCELS t I ' _._",-~- ii. ;::.,-..:~:-" , "1T,-- , " ~' a: o w a: o :J: ----- -fill ?( lD : I i L_~~ -~-'~"-I" _'F -T-:-~ - ':_1.. I 1 -,\, . \ , - i ~ '" "fI /? It /' f'."':") '"-'-, // i} fr2 Bayshore Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 SUMMARY OF MINUTES & MOTIONS March 21, 2007 Fiala !Halas Hennin<.' Coyle Coletta JvJs v -,""V a../. R-- v '---- "__1'12' -- I. Approval of Agenda Add - B. CRA committee member to VIII. N_ Business, Add - Approval of budget to VIII. N_ Business A. FY'08 Budget Recommendations and Approval of Budget. Maurice Gutierrez moved to approve the agenda as modified. Seconded by Tom Finn. Carried unanimously 4-0. II. Approval of Minutes - February 7, 2007 Maurice Gutierrez moved to approve minutes. Seconded by Tom Finn. Carried unanimously 4-0. III. Old Business A. Future Projects for FY'08 Budget 4. Accident at the Bayshore Bridge - Quote obtained from PBS for the restoration of the bridge. Discussion ensued. Tom Finn made the motion to accept the PBS bid for restoration of the Bayshore Bridge as submitted. Seconded by Conrad Wl/ikomm. Unanimously approved 4-0. B. Millage Rate Reduction - Mr. Bill Neal reviewed the history of the millage rate from 3 mills to 1.75 mills in two steps, and what was promised to the taxpayers. Discussion ensued, Conrad Willkomm moved to change the mill rate from 1.75 to 1.5 mills, dropping by 0.25 mills. Seconded Maurice Gutierrez. Unanimously approved 4-0. IV. New Business A. FY'08 Budget - The FY'08 Budget Recommendations were presented by the County staff. Maurice Gutierrez moved to accept the recommended budget for fiscal year 2008, after the reduced millage rate is Incorporated In the budget. Conrad Wl/ikomm seconded the motion. Unanimously carried 4-0. B. Advisory Board Committee member representative to CRA - Maurice Gutierrez submitted his application the morning of 3/21/07, Conrad Willkomm will apply as an at-large member of CRA. MISC Corres, Date:~ Item # (Lv 1 \ I') J- l.>';l:k:i" ~0 1611 .R 2 "'-' Bayshore Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 March 21, 2007 MINUTES I. The meeting was called to order by Chainnan Bill Neal at 4:00 p.m. II. Attendance Members: Bill Neal, Tom Finn, Maurice Gutierrez, Conrad Willkomm, and Victor Brittain excused. Quorum established. County: Diane Flagg, Director of ATM; Tessie Sillery, MSTU Project Coordinator; Caroline Solo, Budget Analyst III. Approval of Agenda Add B. CRA committee member to VIII. New Business, Add Approval of budget to VIII. New Business A. FY'08 Budget Recommendations and Approval of Budget. Maurice Gutierrez moved to approve the agenda as modified. Seconded by Tom Finn. Carried unanimously 4-0. IV. Approval of Minutes - February 7, 2007 Maurice Gutierrez moved to approve minutes. Seconded by Tom Finn. Carried unanimously 4-0. V. Landscape Maintenance Report Ground Zero - Aaron Gross . Sprayed palms and ixora. . Flags mounted, . Flag post hit twice by trailer park and replaced. . Work around base of utility poles making breaks in irrigation, 2 breaks repaired last week, and 4 breaks were repaired this week. Discussion ensued. Tessie Silley was asked to check who is doing work and who is financially responsible for repairs, . It being dry season, the water irrigation for the turf has been increased. V. Transportation Services Report A. Budget - Mr. Beallntroduced new Collier County representative Caroline Sato, Budget Analyst. Ms. Soto has been assigned to the Bayshore MSTU. Report given by Ms. Soto; see Bayshore MSTU Fund 163, March 21, 2007 sheet B. Project Managers Report - Tessie SlIIery (See hard copy of report.) 1. FOOT LAP Grsnd Project. Mr. Darryl Richard compiled project schedule with variable of whether Collier County Commissioner approval needed (if cost over $50,000). schedule distributed at meeting. 1 --...--....--........---..--.------.--.- 16/1 .~ d ".-~\, 2 2. Banners - New banners for bridge displayed by Mr. Gross and Ms. Tilley, banners mounted 3/22107. Banners match sign, currently being refurbished, to be up next week. Mr. Gross showed stock banners available for mounting. 3. Effluent Water Project. Project schedule as noted in B-1, Cost of design $4,542. Construction cost to be determined. 4. Pagoda painting - Completed project. 5. Lumen review - FPL poles could be removed, but the MSTU would have to replace every street light along that road to a higher light. 6. Decorative road signs - Last meeting Mr. Brittain suggested decorative signs like those on Thomasson Drive. Tessie researched cost: $600 for each sign if standard color used; should board chose a custom color; there would be a one-time $500 set- up fee. Discussion ensued. Board asked Tessie to research further, mainly the number of signs needed for Bayshore Drive. 7. Crosswalks -Information obtained from the City of Marco. Pictures distributed at meeting. Per crosswalk, cost is $75.000; cost includes consulting, design, plans and seals, and installation. Mr. Brittain and Tessie Sillery will consult regarding the number of crosswalks needed on Bayshore Drive with input from all board members. VI. Old Business A. Future Projec:tB for FY'08 Budget 1. Brick Pavers Sidewalks - Quote distributed for sidewalk replacement. Discussion ensued. Tabled brick pavers sidewalks. 2. Roadway Signage Changes - Board decided to move ahead with gathering information and this project, 3. Additional Suggestions - Board decided to move ahead with a study on need for crosswalks, number of crosswalks, and other cost estimates for same, 4. Accident at the Bayshore Bridge - Quote obtained from PBS for the restoration of the bridge. Discussion ensued. Tom Finn made the motion to accept the PBS bid for restoration of the Bayshore Bridge as submitted. Seconded by Conrad Wlllkomm. Unanimously approved 4-0. B. Millage Rate Reduction - Mr. Bill Neal reviewed the history of the millage rate from 3 mills to 1.75 mills in two steps, and what was promised to the taxpayers. Discussion ensued, Conrad Willkomm moved to change the mill rate from 1.75 to 1.5 mills, dropping by 0.25 mills. Seconded Maurice Gutierrez. Unanimously approved 4-0. C. Meeting Schedule - After discussion, it was decided next meeting to schedule next meeting the second Wednesday of May, May 9, 2007 at 4:00 p.m. VII. New Business A. FY'08 Budget - The FY'08 Budget Recommendations were presented by the County staff. After lengthy discussion, it was decided to accept the recommended budget. 2 16/j Maurice Gutierrez moved to accept the recommended budget for fiscal year 2008, after the reduced millage rate is Incorporated in the budget. Conrad W1l1komm seconded the motion. Unanimously carried 4-0. B. Advisory Board Committee member representative to CRA - Maurice Gutierrez submitted his application the morning of 3/21/07. Conrad Willkomm will apply as an-large member of CRA. VIII. Public Comments - John Pallls asked that the millage not be reduced, so that more projects could be done in the Bayshore Area. Another person requested improvement of the Southern portion of Bayshore. There being no further business for the good of the Bayshore MSTU. the meeting was adjourned by order of the chair at 5:48 p.m. The next meeting is May 9, 2007 at 4:00 p.m, Naples Botanical Gardens 4820 Bayshore Drive Naples, FL 34112 3 B , .,>",~ 16/'1' B ? Bayshore Beautification M.S.T.U. Advisory Committee 2885 Horseshoe Drive South Naples FL 34104 May 9. 2007 AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - March 21. 2007 V. Landscape Maintenance Report - Ground Zero VI. Transportation Services Report A. Budget - Caroline Soto B. Project Manager's Report - Tessie SlIIery 1, FOOT LAP Grant Project: fountainnights 2, Decorative Road Signs 3. Crosswalks 4. Bayshore Drive Sign in Median 5, Effluent Water Project 6, Lumen review; Cobra lights 7, Utility Pole Work Causing Breakage VII. Old Business A. Future Projects 2008 B. Roadway Slgnage Changes C. CRA committee member D. Meeting Schedule VIII. N_ Business A. By trailer park, post hit and replaced x 2 B. Irrigation breakage. caused by utility pole work IX. X. Public Comments XI. Adjournment The next meeting is May 9, 2007 at 4:00 p.m. Naples Botanical Gardens 4820 Bayshore Drive Naples, FL 34112 Page lof6 16/'1 B ;> -".-....., RlchardDarryl From: Tim Pinter [tplnter@cltyofmarcolsland.com] Sent: Wednesday, March 21, 20071:11 PM To: RichardDarryl Cc: sillery-t Subject: Re: Marco Island Project: Request for Project Information Richard- the crosswalks were bid as a lump sum within the Collier Blvd. Project. We have information that suggests the actual cost is somewhere around $75k per location, which is crossing 4 lanes of traffic and 15 ft. median. Tim -Rlch.relD.rryl" <DarryIRlchard@colliergov.net> on Wedn.-day, MIlrc:h 21, 2007 at 11:59 AM .osoo wrote: Tim, Could you provide your project "actuals" in regard to totel project cost... For one single installation and/or multiple installations. Any breakdown would be helpful i.e. materials, design, construction categories Please either email or fax to 239-530-6219 FAX Thank you, Darryl Richard, MSTU Project Manager, CAT Bus Shelter Project Manager Collier County Department of A1temative Transportation Modes 2885 HOIll8Shoe Drive South Naples, Florida 34104 Telephone: (239)659-5775 Fax: 239-530-6219 Cell: 239-253-9083 danvlrichardt!ilcollieraov.net Telephone: (239)659-5775 Fax: 239-530-6219 Cell: 239-253-9083 16/1 B 2 GENERAL CONTRACTORS - - CONSTRUCTION MANAGERS 4395 Corporate Square + Naples. FL 34104-4754 + Phone: 239/643-6527 + Fax: 239/643-4293 + PBScontractors,com March 21, 2007 Mr. Darryl Richard Project Manager Collier County Department of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, Florida 34104 . RE: Bayshore Bridge Restoration Mr. Richard: Thank you for inviting Professional Building Systems to present you with this construction management proposal for the restoration of the Bayshore Bridge. We appreciate being considered for your important project. After considering the specifications that we discussed over the past two weeks, we have based our estimate on the following scope of work: . Furnish and install new 4"x4" tiles to replace damaged tiles on the retaining wall in the median (Daltile- Semi-Gloss- Aegean). . Furnish and install up to five (8) new pieces of COpin9 to replace the damaged pieces along the retaining wall in the median (Material, color, & texture will NOT match existing). Maintenance of Traffic included. 30 day construction timeframe. Exclusions: Building Permit Right of Way Permit All Permitting and Impact Fees . Architectural, Structural, MEP or Civil Engineering plans . Correction of any existing code violations not discussed in this scope of work . Builders Risk Insurance prOfeSSila6u;LinlsysteU 2 Bayshore Bridge Restora1.~nl Proposal Page 20f2 . Warranty for the sealer is not included The coping will NOT match existing pieces Any work not specifically outlined in the above scope of work Paint Any work on jersey barriers . Our proposed price to restore the Bayshore Bridge is Nine Thousand, Seven Hundred Fifteen and 00/100 dollars ($9,715.00). Darryl, thank you again for considering our firm for this important project. We trust this information will be useful to you in selecting Professional Building Systems as your contractor. If you have any questions, please don't hesitate to call me on my cell phone at (239-340-0202). We look forward to completing your project and building a lasting relationship with you. Sincerely, Stephen Jordan Project Manager WAR-05-2007 05:21PM FR~ 16110 T-SS1 P,OOl/002 F-ld 2 F6@NriU'SSS IN(;. ~)fJ.... ~a.."".dOtlI 1990 Sewald Afttlue Naples. florida 34109 (239)597-&221 . (139) 597-74161U ....",bonnesslnc.com RECEfVEP MAR n ~ 2007 Proposal 3/1/2007 '!'~, cl! ~ :., jJl' ~ \.;) I ; .~:T~,1. Dc,~;t Estimate Numller: 02502007 Submitted To: Bayshore MSTU Address: qo Deparbnent Of Alternative Transportation Modes 2885 Horseshoe Drive South Naples, FL 34104 USA Bid Title: Bayshore MSTU Sidewalk Replacement Project Location: Bayshere Drive Contact: Darryl Riehard Project City, State: Naples, FL Phone: (239) 659-5775 Fax: (239) 530-6219 Engi_/Architecl:: IltIom It Item Description 01 Mobili%ation 02 Maintenan<:e Of Traffic 03 Remove ExIsting Concrete Sidewalk And Haul OIT-sIlE. 0<1 El/cavate soil as necessary to accommodate a 4"limerock base. OS Furnish and place a compacted "I" limerock basecour$e to the above excavated area. 06 Furnish And Place A S13ndard Color And S13ndard Shape Brick Paver To Sidewalk Area- Total Price for above Items: $229,844.08 Notes: . Subject to prompt aa:eptance wllIlin 15 days and to aU condItionS 5lipulllted on the reverse side, we agree to fumish materials and labor at the price(s) set forth above, if 15 days have expired proposal price may still be honored all to venfy. 'Irrigation system by others. 'IrrilJillion SyStem must be turned off 24 houlS prior to starting and ll\I.I$l: remain off for at least 24 hours after completion. 'l.and!lcaping, sod and seed bot otherS. , Permits and/or fees (if nea:esary) by others. . Above prOPOSlll for items quoted only; dumpster pads, landsatpe, sod, seed, electrical, etX: by others. , Bollness Inc. is not I'\l5POnsible for unknown utility connictS. 'Concrtlbl and asphalt aprons along roadway (at busilll!5S entrances and drives) are not irlCluded. 'TIle above scope of work i$ approximately 2,420 S.Y.. Proposal based on repIildng 5' sidewalk with pa\lei'S of simular shape and siZe to exisIlng. Payment Tel11lS: Payment due wllllln 30 dayS Of date of invoice, regardless of when payment i5 made by ()Nner 31l{JOO7 3:38:12 PM PogH 012 16r;lB , ~"'-" '0', , Printed: Wednesday, March 21, 2007 :<(- ' ,-......~'~'.,,'.., " ' ':;'/~'.'"""",QiII\",>"",, 2/14/07 - 4/14/07 4/14/07 - 5/7/07 5/7/2007 5/22/2007 6/4/2007 6/4/2007 -9/3/2007 9/3/2007 DESIGN BIDDING BID DUE BCC APPR NTP CONST CONST CONST-COMPLETE Printed: Wednesday, March 21, 2007 PiUi\$lY> <''''''.. ,. "IHl RFP DESIGN CONSULT 3/20/2007-4/19/2007 RFP SUBMITTALS DUE 4/19/2007 BCC APPR DESIGN 5/22/2007 NTP DESIGN CONSULT 6/4/2007 FINAL DESIGN DUE 9/4/2007 BIDDING 9/4/2007-9/26/2007 BID DUE DATE 9/26/2007 BCC APPR CONST 10/23/2007 NTP CONST 11/6/2007 CONST COMPLETE 2/9/2008 Gr' 1111. ,Jll. .' ....' .'.',,', Printed: Wednesday, March 21, 2007 P~'\~jj<" .. 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OJ ~ ~ ..."TIC/) OC:J: :TZO ~O::o .....m ~~s: o C/) ..... -I C March 21. 2007 16/] Prepared by: Darryl Richard. Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes BA YSHORE MSTU Proiect Status (B-34) - ACTIVE -(POC: Darryl Richard) ~ Lumens in existing pedestrian lights be increased? 2-2-08 : Traffic Ops, Director response: It wasn't just a case of wattage, but also of pole placement, luminaire height, and landscaping blocking the light from reaching the pavement. We responded to the Commissioner with our results and recommendation that the roadway lighting be maintained to provide safety for motorists, bicyclists, and pedestrians. (B-33) - ACTIVE -(POC: Tessie SiIlery)- Decorative poles for Road Signs (Bayshore vs Thomasson) 3-19-07: Victor -requested committee to discuss changing signs. 3-21-08: Lumens responded: Quote: Painted decoarlive 4" post with ball finial top, for use with slgnage, around $600 each, plus frl. in a standard color, If we have to use the custom RAL color. there is a $500 lot setup charge whether there are one or one hundred units. (B-32) - ACTIVE -(POC: Tessie SiUery)- PAGODA - PAINTING 2-7-07: Committee approved - Lykins Quote $1,000.00 2-12-07: NTP - and completed by 3-12-07 (B-31) - ACTIVE -(POCo Darryl Richard) Cross-Walk Installations 2-8-07: Request for information sent to Bob Tipton for clarification of what steps need to be taken 2-8-07: Per Traffic Ops Dir. They would need to hire an engineer to prepare and S&S the plans and specs (simple plan view with signing detail) and then have their contractor apply for a R/W Permit to install it. They would also need to present an agreement to maintain the installation along with the Permit application. 3-21-08: City of Marco replied - crosswalk (41anes of traffic & 15ft median) $75,000 including design & installation (B-30) - ACTIVE -(POC: Darryl Richard) Sidewalk Conversion to Brick Paver (from existing pavers to Windstar); Note: Project ends at Windstar due to projected developer project South of Winds tar) 2-8-07: Request for quote sent to Sonness, Ine under annual contract. 3-1-07: Quote received on 3-5-07 - $ 229,844.08. 3-21-08: Committee to review quote today. (B-29) - ACTIVE -ONGOING (POC: Tessie Sillery) Banner Replacement/Maintenance 1-18-07: PO for additional banner arms for replacement of damaged sent to FourSeason Banner. 1-22-07: replacement banner arms received from FourSeason Banner. 1-26-07: NTP - PO for purchase of 60 banners for continued replacement and installation sent to Lykins 2-08-07: Spoke with Lykins and estimated - timefrarne 15 days 3-07 -07: Banners received and Aaron put them up, 3-21-07: Aaron & Tessie will discuss with committee (old banners) (B-28) - ACTIVE - (POC: Tessie Sillery) Accident # 475 at Bridge 10-30-06: Landscaping Repaired 12-16-06: Lighting Repaired 1-17-07: PBS Contractor coordinating with Staff for a quote. PBS is working on quote. Specification for tile and forms for pre-cast work is requiring additional review. 1-29-07: PBS is finalizing quote for bridge. Suppliers have been contacted regarding pre-cast formwork. 2-8-07 - PBS getting special order for special bridge materials (coping) and tile - quote pending 1 B 2 - 16/1 B 2 2-8-07: PBS quote for $40,138.00 received by Staff. Will be presented to Committee at next regular meeting. 2-23-07: Confirmation with PBS for new quote. PBS reviewing cost items for update of previous quote, 3-21-07: PBS Quoted - $9.715.00 - attached proposal- 30 day construction time frame - after NTP. (B-27) - ACTIVE - (POC: Tessie Sillery) Bridge Banners Only 1-3-07 - Committee motioned for Darryl & David to come up with a design 1-15-07 - Darryl emailed committee with staff proposal with a deadline to receive confirmation on ideas. By 1-19-07 1-23-07: David Jackson confirms approval for Concept E which is similar as existing image on sign with 'Drive' lettering. Tessie Sillery is coordinating on purchase. 2-5-07: NTP - timeline approx, 15 days (B-26) - ACTIVE - (POC: Tessie Sillery) Bayshore Drive Sign in Median 1-3,07 - Committee motioned for Darryl & David to come up with a design _ 1-15-07 - Darryl emailed committee with staff proposal with a deadline to receive confirmation on ideas. 1-23-07: David Jackson confirms image Concept E is approved for sign with words 'Drive' 1-29-07: Request for PO for Diane to sign 2-05-07: NTP - time line - 2 or 3 weeks 3-21-07: Timeline moved up to end of next week. (B-24) - ACTlVE-(POC: Darryl Richard) Effluent Conversion Project 10-4-06: Committee approves $15,000 for Consulting Services 10-5-06: McGee & Associates contacted regarding project Scope of Services. 10-20-06: Question regarding technical specifications for project and' As Built' plan request by McGee & Associates. 10-30-06: Plans of record are forwarded to McGee. 11-3-06: Application for Meter Tap received from Utilities - Liaison Staff to complete and return to Utilities; No Scope of Services received from McGee & Associates. 1-2-07: Scope of Services received from Scott Windham Landscape Architect and James Abney Irrigation Consultant. 1-16-07: Committee approved proposal on 1-3-07 - WO # requested for $4.542.00 1-23-07: WO ready for pick up 1-31-07 : WO picked up - Windham on family leave emergency 2-01-07: WO received by County staff 2-01-07: WO routed to Budget Analyst for processing for signatures 2-12-07: Re-Use Department completed tap to re-use line on Thommasson at Bayshore Drive. 2-14-07: NTP - Windham - Work Order ends April 14, 2007 3-21- 07: 100% design submittal due April 14, 2007 by Windam & Assoc, (B-18) - ACTIVE - (POC: Darryl Richard) FDOT Lighting Grant - Bayshore Bridge Project; PENDING CONSULT ANT RECOMMENDATIONS; -Lighting Project - $150, 000 (construction); $50,000 (design) LAP Agreement. 4-12-06: Bayshore MSTU Committee Action to proceed with Project and for Staff to do the RFP 5-1-06: Purchasing Assisting with RFP Process. Contact with Committee for RFP and confirmation of participation pending. 5-30-06: Required project scope to be pedestrian lighting within 300 feet of Bayshore Bridge, Environmental impact statement complete and coordinating with purchasing for RFP. (Consult wi Kevin Dugan for environmental) 6-12-06: Michelle Peronta reviewing submittal per environmental impact statement. - Purchasing coordinating RFP, 6-27-06 - Environmental Review pending 7-18-06 - Environmental Review pending 8-2-06 - Environmental Review pending 8-7-06 - Environmental Review pending from FDOT and issue of Notice to Proceed (NTP) 2 16/] R ;> '- 8-22-06: Environmental Review pending from FOOT and issue of Notice to Proceed (NTP) 8-30-06: MicheIle Peronto reports that additional documentation is required for submittal. Staff provides necessary documentation as per request. MicheIle indicates that the project is 'on track' as per her schedule. 9-6-06: MicheIle Peronto has all of the documentation need for processing LAP Agreement and wiIl issue a Draft LAP Agreement within 15 days. Anticipated date of LAP Draft Agreement from Michelle Peronto is Friday, September 22. 2006. 9-28-06: Draft Agreement from FOOT received 9-29-06: Scott Teach approves draft Agreement with one minor change, 10-5-06: Staff receives Agreement form FOOT, 10-5-06: Anticipate BCC action on Nov. 28. 2006, Staff to prepare documents. 11-28-06: BCC approved LAP - Agreement 12-4-06: Signed LAP and Resolution by BCC approval picked up 12-18-06: FOOT Notice to Proceed for RFP Design Consultant received. FOOT Design Phase for project is NTP date 12-15-06; services are to be completed on or before December 31,2008. 12-21-06: PO issued to PBS for Construction of Bench and Trash receptacles (Qty. 4) 1-16-07: Coordinating with Purchasing on RFP _ 1-30-07: Request for quote for preliminary pricing sent to E.B. Simmonds and Lumec for cost considerations for project cost evaluation. 2-13-07: Michelle Peronto confirms that RFP for Design is necessary and the RFP for Lighting Specification of Lumec may not be required if project drawings to not indicate "'Lumec" as sole source but rather have 'performance specification' called out. 2-21-07: Michelle Peronto confirms that $50,000 CalUlOt be administratively transferred to Construction Dollars without multiple stem process (3 to 4 months) involving re-submittal to Collier County BCC. 3-20-07: RFP Committee selected and RFP submittals due by Engineer Consultants due April 19.2007. (B-3 I ) - COMPLETE - (POC: Darryl Richard): Landscape on County Right-of-Way at 3137 Bayshore Drive: EBB Tide Apartments Ine.; Attn: Randy Richards; 2240 Davis Blvd.; Naples, Florida 34104- 4211 2-2-07: Meeting with Randy Richards confirms that crotons were removed as per January 3,d Bayshore Committee consent. Request was made from liaison staff that Randy submit any landscape plans to Bayshore MSTU Committee for review. Letter was sent confirming meeting and discussion. (B-30) - COMPLETE - (POC: Darryl Richard): Landscape on County Right-of-Way at 4069 Bayshore; Palmyra Club Investors LLC; cj 0 John Steffan, welovenaples realty, 4069 Bayshore Drive, Naples, Florida 34112; Owner Address:;1415 Panther Lane #223; Naples, Florida 34109-7874; 2-2-07: Meeting with John Steffan confirms that his maintenance contractor will not be performing maintenance on the shrubs within the ROW. Letter sent to Steffan confirming conversation. (B-25) - COMPLETE - (POC: Darryl Richard) Hedge on Bayshore - At the request of Code Entorcement and County Sheriffs Committee directed staff to trim hedge at 1-3-07 regular meeting. 1-4-07 - Completed - Contractor Trimmed Hedge (B-15) - COMPLETE- CAT BUS BENCHES-DUMOR INSTALLATIONS - 2 shelters and 2 benches will be installed at 4 locations on Bayshore Drive; Installation to be completed by September 30, 2006 6-14-06; Bench is on order through Victor Stanley, as soon as contractor receives order installation will immediately follow, 6-21-06; Need Status for order and permit 6-27-06: 10 to 12 weeks out (pbs did not order parts as requested) 7-18-06; 9 weeks out (pbs did not order parts as requested) and per pbs will be installed by 9-1-06 8-7.06: PBS has the 2 benches from Victor Stanley on order product has not been received to date, 8-22.06; Victor Stanley order not receivoo by PBS, 9-5-06: Victor Stanley order is confirmed exact shipment date has not been set. Anticipated Delivery of Benches is by October 15, 2006. 3 16',[ B 2 10-4-06: Committee approves $1,500 per installation at new proposed locations near CAT Bus Stops. Project will be coordinated with CAT. 2 sites (old Victor Stanley Bench locations) will be funded through CAT Funds; 2 additional sites will be funded through Bayshore MSTU Funding. Funding for 2 prior CAT installations is already allocated for that project. Additional 2 projects anticipated to be funded as per Committee approved $1,500 per installation. 10-15-06: 2 Victor Stanley benches are received by PBS Contractor. 10-31.06: Review of 4 sites for PBS Quote; PBS will provide quote for installation. 12-15-06: ROW Permit issued: Pennit Time-lime: Work Commencement 12-15-06 with completion by 6-30-07 per pennit. 1-16-07: Contractor will complete by 1-26-07 (B-22) - COMPLETE -Workshop - Bayshore MSTU and Bayshore Gateway Triangle Community Redevelopment Area (CRA) 9-5-06: Bayshore MSTU Conunittee votes to hold a "Workshop' with the CRA; Specific Purpose needs to be determined: CRA Meeting Minutes need to be checked to determine conunitmentlvote by CRA to hold meeting as requested by David Jackson. 9-19-06: Request for information sent to David Jackson regarding CRA motion necessary to hold public meeting for Workshop between CRA and MSTU. . 10-3-06: Request sent to David Jackson for specific Agenda for the proposed meeting. 10-20-06: Meeting is set for Dec, 6. 2006 at Human Resources Training Room. 10-30-06: Review and approval of Agenda is pending by Bill Neil, Conunittee Chairman. 12-06-06; Both the CRA and the Bayshore will have a workshop (B-23) - COMPLETE -Carryforward Report: 8-2-06: Sharon Newman reviewed the distributed report (see attachment) noting that there is a $105,000 deficit in the budget. Discussion ensued on transactions within the budget being inaccurate. Only one grant is incorporated in the budget. the second is not. It was mentioned that the County's budgeting layout is not well presented therefore a summary demonstrating the total dollars in and total dollars out was requested; the County agreed to create a sununary spreadsheet. It was also requested to have the person that audited the County's files be present at the next meeting. 9-6-06: Mark Isackson and Sharon Newman not in attendance and no report 10-23-06: Report that Sharon and Mark will attend next MSTU meeting on Nov, 1.2006 11-1-06: Carryforward Report provided by Sharon Newman and Mark Isakson of Budget Office. (B- 21) - CO M P L FTF -Application For Re- Use; Utilities Department Project Start 5-16-05: Project Manger Darryl Richard contacts Bob Casey for status of application which has been on file with utilities since 200 I (per Bob Petersen). Bob Casey cannot find original application, A new application is filed with Bob Casey for Bayshore Effluent Connection. 12-25-06: Copy of Application sent to Marisa Garcia new Project Manager taking Bob Casey's place for processing applications. 1-3-06: Marisa Garcia confirms that 'calculations' by a consultant are necessary priorto approval of the Application for Re-Use. 8-22-06: Liaison Staff sends copy of Windham report to Utilities as per the request for Consultant Calculations (Completed 8-22-6) 8-24-06: Liaison Staff is informed that Ron Molly will now be handling the Application For Re-Use. Anticipated confirmation of approval of Application for Re-Use is by September 30. 2006. (Complete 9/11/06) 9-11-06: Utilities confirms approval of Application for Re-Use. 9-11-06: Staff request confirmation of connection point for re-use system and hard copy of approved application. 9-19-06: Staffresends request for hardcopy of approved application. 10-3-06: Staff request location for connection. 10-4-06: Written approval received from Utilities for application approval as per Ron Molly. Collier County Utilities, Conunittee approves funding for next phase of project: Design and Construction. (B-19) - COMPLETE-ProJect Coordinated with C AT under Item B-15 -Trash Can Installation; 4 1611 B 2 Project Start Date: 8-2-06: Bayshore MSTU Conunittee request that staff (1) Determine condition of existing trash cans and benches in stock, then (2) provide proposed alternate locations for installation of the benches and trash cans. 8-22-06: Photographs of benches and trash receptacles sent to contractors for quote on installation in locations to be determined by Conunittee, Anticipated Project Completion is November 30. 2006. 10-4-06: Bayshore Conunittee approves $1.500 per bench/trash can installation. 10.6-06: Request for revision in quote sent to PBS. 10-30-06: Field Meeting to review the requested sites prior to PBS quote for job. 4 sites approved. PBS will provide quote. 10-30-06: Project reported under item B-15 (B-16) COMPLETE - Mr. Ingram - Code Enforcement action: Mr. Ingram has been notified by Code Enforcement and MSTU staff in regard to landscaping. Issue initially corrected by Mr, Ingram however the issue has re-occurred per MSTU conunittee meeting 6/7/06. 6-13-06; Michelle Arnold. Code Enforcement Director contacted regarding the "repeat offence" by Mr. _ Ingram in that his maintenance contractor has repeatedly cut the hedge in front of his property, All documentation regarding previous Staff Request for the property owner to cease from trimming shrubs within the Right of Way will be re-submitted to Code Enforcement. Michelle Arnold has confirmed that this item will be brought before the Code Enforcement Board for review, 6-21-06; Need Michelle Arnold follow-up 6-27-06; Michelle Arnold contacted staff and requested to put on special master 7-18-06: Waiting on response from Michelle Arnold 8-2-06: Code Enforcement working on preparation of case 8-22-06: Request sent to Michelle Arnold and Eddie Ybaceta for status of case. 8-30-06: Staff provides additional documentation as per Michelle Arnold request. Staff provides (1) Survey of Ingram. (2) Copy of Bayshore MSTU Maintenance Contract. (3) Copy of Collier County ROW Ordinance. 8-30-06: Michelle Arnold confirms that a 'Notice of Violation' will be sent to Mr. Ingram, Anticipated delivery of copy Notice of Violation September 15, 2006, 9-7-06: Copy of9-7-06 Ingram Notice of Violation provided by Eddie YBaceta of Code Enforcement. 10-4-06: As per Code Enforcement (Eddie Ybaceta) Mr. Ingram has verbally agreed to not trim the shrubs. MSTU Maintenance Company informed of this and that maintenance will be by MSTU. (B-17) - COMPLETE - Project Due - 9-25-06 ---DESIGN GUIDELINES: Master Plan MSTU/CRA Joint Project; Gail Boorman is to refine Scope of Services as per approval of preliminary review by Committee on March 8. 2006. Gail is to break out the Bayshore Bridge Enhancement Project as a separate part of the scope of services. Also, Gail is to break out the CRA part of the Scope separate from the MSTU. 4-17-06-Bayshore MSTU Committee Action to Proceed with Contracting with A. Gail Boorman and associates 50% of cost will be MSTU and 50% of cost will be CRA 5-1-06; As per Conunittee Approval- Work Order is pending; Conunents from Purchasing review of Work Order and responsibility of 'Project Manager' is pending. 5-8-06; Gail Boorman attendance at Gateway Triangle Area Public Meeting 5-9-06; Gail Boorman attendance at Bayshore Area Public Meeting, 5-15-06: Work Order to A.Gail Boorman sent to Gail's Office, 5-15-06; Work Order signed by all and given to Budget Analyst for P,O to be issued - waiting on routing #'s from David Jackson. 5-30-06; NTP - issued to Boorman & Assoc, on 5-24-06 6-3-06; Gail Boorman meet with Staff Ray Magsumbol and Darryl Richard to obtain additional maps and plans on record. 6-12-06; Work on Design Guidelines Currently in progress - project due on 9-25-06 6-27-06; Gail coordination with staff and CRA - no report - will be attending next meeting with an update 7-18-06: Gail to attend next mstu meeting with an update and status. 8-2-06: Gail Boorman could not attend MSTU meeting and sent written update/status report for project. Due date of 9/25/06 has not changed, 5 16/1 8-7-06: Gail Boorman status report received, Need 'preliminary' report submitted prior to 9-25-06 deadline for staff review. 8-15-06: Gail Boorman presentation to David Jackson. Tom Finn, and Darryl Richard for 60% Submittal. Gail's book portion of project is pending. 8-21-06: Gail invoice for 30-60 percent complete. 8-22-06: Final 90% Submittal is due prior to 9-25-06 for staff review, Anticipated delivery of 100% Project Document from Gail Boorman is September 25, 2006. 9-23-06: Meeting is scheduled for 100% review, staff review of plant material recommendation. 9-28-06: Meeting with Gail Boorman and David Jackson to review 100% submittal for project. (B-20) - COMPLETE -40 Banner Order; Order for 20 additional Sun Banners; 20 additional Flower Banners. Project Start: 8-2-06: Bayshore Committee votes to purchase 40 banners; Committee approval did not mention specific amount. 8-28-06: FlagandBanner; PO 4500066310 dated 8/28/2006 for Banners; For $1.541.95; Qty. 40 banners; (20 Flower and 20 Sun): Includes shipping and Set-Up Fee, 8-28-06: Staff sends electronic copy of graphics for banner to FlagandBanner. 8-30-06: Bayshore MSTU Committee is copied via email on the Purchase of 40 Banners. 9-1-06: Grady McCoy of Flagandbanner confirms that they are under production for the banners. 9-5-06: Grady confirms that sample banners (1) Flower/Butterfly and (I) Beatie/Sun will be forwarded to County for approval prior to production of entire order. Delivery of samples is anticipated to be within one week, Anticipated Project End upon approval of samples is September 27, 2006, 9-19-06: Request for status for 2 sample banners sent to Grady McCoy. 9-28-06: Sample banners received from Flagandbanner, samples are not acceptable for production. Purchase Order with Flagandbanner will be closed, 10-4-06: Committee is given opportunity to review the banners which were sent by Flagandbanner and rejected by staff Committee is in agreement that existing Purchase Order is to be cancelled and banner purchase through Lykins is acceptable based on price of$72,O a piece, Staff was successful in negotiating the cost due through requiting for project and negotiation with Lykins as an annual contractor. 10-6-06: Purchase Order request submitted by Liason Staff to Budget. 10-16-06: PO number received from Budget for Project. 10-16-06: PO emailed to Lykins for order of 40 Banners 10-30-06: 48 Banners received from Lykins. 8 additional 'spare' banners provided at no additional cost. (B-14) -COMPLETE- Comparison of cost for effluent versus non-effluent water for Bayshore, 8-28-06; Staff completes cost benefit analysis: Based on potential cost savings of $17.537 per year the Bayshore MSTU could recoup the cost of the Re-Use conversion within 4 years after project is complete, (B-13) COMPI ErE- Maintenance Contract 05-3689 Ground Zero Landscape Maintenance. Replace Juniper at Botanical Place after software upload,- 7-18-06: Parts are on order -Irrigation Manager - Roger Dick 8-2-06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8-22-06: Plantings of Juniper are complete by Ground Zero (B-12) - COMPLETE- Irrigation Controller Modifications- Project is to install additional parts and equipments as necessary for the Motorola Controller to 'talk' to the Central Control System at ATM Office. Committee approved $6,830.00 on January 11,2006 and approved $5,225.00 on March 8, 2006 for funding the project. Roger Dick Irrigation Project Manager is to coordinate with Contractor E.B. Simmons for the project. 5-1-06: Roger Dick reports EB Simmons is currently working on the project - Conduit has been laid and contractor is waiting for additional equipment to complete installation. 5-30-06: EB Simmons is 95% complete with project. EB Simmons waiting on materials from Motorola. 6 B .... c. - 16/1 B 2 6-1-06: E.B. Simmons work is complete. Roger Dick and Motorola Technicians to upload software. 6-12-06; Roger Dick to upload software for controller on June 14, 2006 6-27-06; Roger Dick reports that the installation of communications software was successful for the North Clock (North side Bayshore Drive), however, that the South Clock (South side Bayshore Drive) is not 'talking' to the central. The South Clock will be evaluated for an additional installation of an antenna 50 ft. to the north of the existing Clock to obtain a better signal. 8-2-06: Irrigation Clocks are functional at 100% per Roger Dick - still waiting on replacement parts to bring clocks into communication with Central. 8-22-06: Report from Roger Dick indicates that both Controllers are talking to the Central Computer. (B-Il) - COMPLETE; Project due 7-25-06 - Effluent Connection - Consultant Calculations 3-06-06: Scope received from McGee, Boorman, Windham 3-20-06: Gail Boorman's revised scope not yet received. 5-1-06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5-15-06: Submitted Work Order and P.O, request to Budget Analyst - waiting on P.O. 5-24-06 PO received; Notice To Proceed issued to Windham Studios 6-12-06: Design of effluent connection due 7 -25-06 6-14-06; Project Consultant James Abney meeting with Staft. at Project Site, Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6-27-06 Preliminary report submitted by Windham - Calculations pending 7-18-06 - Project due on 7-25-06 7-24-06: Windham Studios provides report for calculations, . (B-IO) - COMPLETE; Project due 7-25-06 - Effluent Connection-Application for Re-Use and related request from Utilities Department for Consultant calculations 3-06-06: Scope received from McGee. Boorman. Windham 3-20-06: Gail Boorman's revised scope not yet received. 5-1-06: Work Order to Windham Studios is pending as per MSTU Committee Approval 5-15-06: Submitted Work Order and P.O. request to Budget Analyst - waiting on P.O. 5-24-06 PO received; Notice To Proceed issued to Windham Studios 6-12-06: Design of effluent connection due 7-25-06 6-14-06; Project Consultant James Abney meeting with Staff at Project Site. Roger Dick, County Project Manager for Irrigation, Landscape Contractor Aaron Gross, review project and report issues related to the irrigation system to James Abney for his evaluation. 6-27-06 Preliminary report submitted by Windham - Calculations pending 7-18-06 - Project due on 7-25-06 8-2-06: Windham Studios provided necessary calculations and report. Written Cost Estimate is punch-list item which is pending. (B-9) - COMI'IYTE; East Naples Fire Department contractor- Installation of Warning Lights on Bayshore, MSTU Committee has requested Stop Work on 6/8/06; Reported to Bob Tipton on 6/9/06; Bob Tipton mentioned that he had emailed Committee Chairman regarding this item. Bob Tipton recommends working with the Eire Department District Board concerning the project. There was concern by Bob Tipton expressed that if the lights are not installed that there may be an accident as Eire Department vehicles exit the Eire Station. 6-12-06; MSTU staff to contact ENFD to advise ofMSTU committee's request to stop work. 6-27-06: Left message for return call regarding project status with Main Administrative Office. ENFD. 7-18-06: On 7-12-06 East Naples Eire Dept. (ENED) was available to attend the Bayshore MSTU meeting - but there wasn't a Quorum. 8-2-06: ENFD representative Chief Pottinger reported to the MSTU Committee. The Windstar HOA is coordinating with ENFD to resolve any outstanding issues with the installation of the emergency signals. 7 16/1 10-20-06: Contact with ENFD concerning update on installation of the lights and the funding issue. Chief Bob Shenk, Assistant Chief Pottinger and Commissioner Bob Hughes, (B-8) - COMPLETE; Bidding of Mainlenance Contract #05-3689; Recommendation to award bid to lowest, qualified. responsive bidder to be Ground Zero, owner: Aaron Gross, (B-7) - COMPLETE-Qty, 6 Palm removal/relocation Project August 11,2005: 7 Royal Palms relocated to replace 7 diseased. damaged. or in state of decline palms as per Committee direction. (B-6) , COMPLETE-Irrigation Mainline Break Repairs September 12. 2005: CLM repaired 5 Breaks totaL (B,5) - COMPLETE 6/8/06 - Irrigation Inspection: Botanical Place. Irrigation line repaired.; (B-4) - COMPLETE - 6-7,06 - Cricket Lake Apartments - MSTU Committee has requested that Staff coordinate with Construction at Cricket Lake Apartments. Irrigation plans are to be delivered to Staff by Contractor prior to commencement of work. (B-2) - COMPLETE - 7-18-06 - Pavers Repair 6-13-06 Boness issued a purchase order in the amount of $9.880.00 for repair of 29 areas of pavers. Projected completion date 8-30-06. 6-27-06; Project to begin construction week of June 14, Project Plans as per field meeting received from Contractor (B,l) - COMPLETE- Replacement Banners - Obtain Quotes from vendor for new banners. Christmas Banners (existing) to be used for this season. 3-06-06: Gail Boorman to make recommendation as part of master plan. 3-08-06: MSTU Committee creates Working Group to advise on Banners for selection. 3-16-06: Meeting with Victor Britten for Working Group - 2 banners selected. Victor to look at other designs and meet again wi Staff. 5-1-06: Documentation submitted for Request to Purchase; PO number is pending as per Committee ApprovaL 5-30-06: Pending estimate from annual Lykins. 6-13-06: PO Issued to Lykins. Banners due for receipt August 30,2006, 6-21-06; Need Graphic Sample for review 6-27-06; Graphic approved 8 week production to delivery of banners, 7-18-06: Banners delivered and are up.. ,", (B-3) - CANCELLED -Banner Ann Replacement Project -$16.676.0050 Standard@$304,OOea. for a total of $15.200.00; 4 double @ $369.00 ea. for a total 01$1,476.00: Proposal by Committee does not meet current FDOT Regulations; August 8. 2005: The Proposal has been rejected by ROW based on Current EDOT Standards, 8 B ? ,..",~ . a N I, I "~'O' INN - .0 _",,~ 1__I~ '~, ~I~ ~ :~I_li~ ~I : I~, ' ~~ I : I~I I~ ~ ~:~~ ~I i~l~I~:~'~I~I~i~ ~I~: I ~ ~ ~ ~ ~ ~ ~ ~ u '~. ~~ -1~~~-~ll~f~jg i :glg-'-:-1g:1g:11g:g:~~~~il~'I~~z'I~II~H~f+I-::l::lm .. - , O~ 0"" I '..I>..... 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'" ~ e ~ o ~ ~ -, .. ;: i t ".. 16(1 843 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE April 25, 2007 Fiala J~ _ Halas~,t; _____ H . ennlng_,_ ______... Coyle__ ____...__.,_. Coletta ..L.A!!!-:..___....., AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes: March 28, 2007 V. Transportation Services Report A. Budget - Caroline Soto 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 Misc Co~resl ., \,<\ / Dale:~ Item#:~ X. Public Comment XI. Adjournment Caples io The next regularly scheduled meeting is May 23. 4:30 p.m. At the Immokalee Community Park 321 First Street South. Immokalee. Fl 1 16/1813 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE March 28, 2007 MINUTES I. The meeting was called to order by Chairman Rita Avalos at 4:32 p.m. II. Attendance Members: Rita Avalos, William Deyo, Dorcas Howard, cherryle Thomas County: Darryl Richard- Project Manager, Caroline Soto- Budget Analyst Others: Mike McGee-McGee & Assoc., Jim Fritchey- Commercial Land Maintenance, Terrie Aviles- Public, Michelle L. S. Guerrero- Mancan It was announced that it is important that the Committee Members email Michelle Guerrero or County Staff if they plan on attending the meeting in order to verify a quorum. III. Approval of Agenda Change- Line item V. Transportation Services Report A. Budget - Caroline Soto" Add: Line item 'v. Transportation Services Report, C. Fiscal Year 2008 Budget Approval" Dorcas Howard moved to approve the agenda as presented. Second by Cherryle Thomas. Motion carried unanimously 4-0. IV. Approval of Minutes: January 24, 2007 Cherryle Thomas moved to approve the minutes. Second by William Deyo. Motion carried unanimously 4-0. V. Transportation Services Report A. Budget - Caroline Soto Passed over this line item for presenter to arrive. 16 I'i B'f 3 B. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachment). The Committee agreed that April 14th is their deadline to have the sign Project completed. Darryl Richard distributed the Sample Petition letter along with the "Proposed MSTU Project List" and Petition (see attachments). It was suggested to attach a boundary map demonstrating the expansion area to the letter. Modifications to the letter were made. Having the MSTU work on adding sidewalks through Immokalee was suggested for which Michael McGee reviewed the cost and labor incurred. The original idea of expanding the lighting out further north as addressed in the letter had been suggested by residents, Police Department and other agencies. Terrie Aviles suggested stressing the safety issue of adding lighting. She would like the letter to address: where the funds are going, what are the benefits, when it will take place, when changes will be seen and when will there be an update on the progress? Darryl Richard will submit the amended letter to Rita for final approval. Cherryle Thomas moved to approve the letter and petition as amended with two months of meetings in between the time the petition is due not to exceed $10,000 in cost of advertising or mailing for the expansion. Second by William Deyo. Motion carried unanimously 4-0. C. Fiscal Year 2008 Budget Approval The next line item was considered first for the presenter. VI. Transportation Maintenance Report A. Report - Robert Kindelan/CLM Jim Fritchey reported: Maintenance is going well. Plans have been replaced. Irrigation leaks are under repair. Michael McGee added that three benches need to be replaced. V. Transportation Services Report 2 A. Budget - Caroline Soto 1 6 1(1 B .3 Caroline Soto distributed and reviewed the budget report (see attachment). It was noted that $204,700 are in reserves with $569,400 available for projects with a possible $300,000 FDOT grant for lighting. C. Fiscal Year 2008 Budget Approval The 2007-2008 budget spreadsheet was reviewed with the following changes to the line item 'Requested Current 08': - Engineering - Lighting Maintenance - Other Operating Supplies $40,000 $25,000 $0 Changes to line item 'Forecast 07': - Printing and Binding - Other Miscellaneous - Postage & Freight $4,000 $13,000 $2,000 The 'Requested Current 08' total is $76,300 with the 'Forecast 07' total as $184,900. Cherryle Thomas moved to approve Fiscal Year 2008 as amended with 5% in reserves and the remainder going into improvements general. Second by Dorcas Howard. Motion carried unanimously 4-0. VII. Landscape Architects Report A. Report - Michael McGee Previously covered. VIII. Old Business None IX. New Business Darryl Richard distributed and reviewed a change order from Bonness (see attachment). He and Michael McGee will inspect the project for final close-out. Cherryle Thomas left the meeting at 6: 15 p.m. Darryl Richard will address if the damages can potentially be recouped from Kent Technologies. 3 1611 'Q. 3 William Deyo moved to approve the $14,803.23 for the Bonness'T.nal change order. Second by Dorcas Howard. Motion carried unanimously 3-0. A. Election of New Member The Committee requested that the applicant be invited to the next meeting. x. Public Comment None There being no further business to come before the Committee, the meeting was adjourned by the Chairman at 6:20 p.m. The next regularly scheduled meeting is April 25, 4:30 p.m. At the Immokalee Community Park 321 First street South, Immokalee, FL 4 16/1 B 3 IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE March 28, 2007 SUMMARY A quorum was established. The agenda and minutes were approved. v. Transportation Services Report B. Project Manager Report - Darryl Richard Cherryle Thomas moved to approve the letter and petition as amended with two months of meetings in between the time the petition is due not to exceed $10,000 in cost of advertising or mailing for the expansion. Second by William Deyo. Motion carried unanimously 4-0. C. Fiscal Year 2008 Budget Approval The 2007-2008 budget spreadsheet was reviewed with the following changes to the line item 'Requested Current 08': - Engineering - Lighting Maintenance - Other Operating Supplies $40,000 $25,000 $0 Changes to line item 'Forecast 07': - Printing and Binding - Other Miscellaneous - Postage & Freight $4,000 $13,000 $2,000 The 'Requested Current 08' total is $76,300 with the 'Forecast 07' total as $184,900. Cherryle Thomas moved to approve Fiscal Year 2008 as amended with 5% in reserves and the remainder going into improvements general. Second by Dorcas Howard. Motion carried unanimously 4-0. 1 IX. New Business 1 6 I '1 8 3 William Deyo moved to approve the $14,803.23 for the Bonness final change order. Second by Dorcas Howard. Motion carried unanimously 3-0. A. Election of New Member The Committee requested that the applicant be invited to the next meeting. 2 MEMORANDUM 161.1 o 3 DATE: March 2, 2007 TO: T....sm"". T_@ Sue Filson, Executive Manag , Board of County Commissio . FROM: RE: Immokalee Beautification Advisory Committee As you know, we currently have a vacancy 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: Andrea Halman 13 72 Lincoln Ct. Immokalee, FL 34142 Please let me know, in writing, the reconunendation 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 reappointment. Please categorize the .ppliCllllD in areas or expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments uu Advisory Board Application Page I of2 16/1 B~3 . filson_s From: dean09@erthlink.net Sent: Monday. February 12,20077:42 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 2/1212007 7:42:12 PM. Name: /Andrea Halmanl Home Phone: ~39-657-342~ Home Address: 11372 Lincoln cd City: ~mmokaleel Zip Code: ~ . Phone Numbers Fax: I Business: 1443-807-899~ e-Mail Address:ldean09(a)erthlink.net/ WorkPlace: I How long have you lived in Collier County: I Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: tIne Immokalee Beautification MSTU AdvisoryCommittee! Category: !Not indicated! Do you currently hold puhlic offfice? ~ . Do you currently or ever served on a Collier County Board or Committee? ~ Please list your community activities: 2/1312007 Advisory Board Application Page 2 of2 . 16/1 ? 3 Education: !Masters in Social W or~ . . 2/13/2007 16118'3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT MEMORANDUM DATE: February 16, 2007 TO: FROM: Collier County Advisory Boards 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 March 28, 2007 16r1 B'f3 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Immokalee MSTU Project Status (IMM-IO) -ACTIVE -(paC: Darryl) McGee & Associates - Refurbishment Project-Hwy 29 Medians I st Street to 9th Street - Landscape & Irrigation Renovation Project includes Bulbout Refurbishment Project; 11-17-06: Committee approved funding for design of project by McGee & Associates 12-04-06: Pending Purchase Order with Work Order - $13,330.00 12-08-06: NTP Given to McGee & Associates - Completion Date; September 4, 2007 ) 3-28-06: Staff request copy of base plans for quotation of brick-paver installation. (IMM-ll) -ACTIVF - (Pac: Tessie Sillery) Brick Re-Installation - Maintenance; CLM to re-install missing brick. 11-17-06: Committee request CLM to quote project. 1-17-07: Mcgee to submit plans under refurbishment project Work Order. 2-17-07: Perform under maintenance. CLM to quote project 3-28-07: CLM quote is for $48,000.00. Staff recommends quotation with Annual Contractors in addition to CLM quote. Note: CCNA Threshold for formal bidding is $50,000.00 (IMM-8) -ACTIVE-ONGOINC; (Pac: Tessie) - BID #06-4008 -- "Immokalee Beautification M.S.T.U. /M.S. T.D. Roadway Grounds Maintenance" 8-15-06: Pre-bid meeting Purchasing, areas indicated as being maintained by CLM currently need to be added to contract. 8-22-06: Bid due date is 8-30-06 addendum for additional maintenance areas is pending. 8-30-06: Bids received from Commercial Land and Ground Zero. Bid Tabulation is pending. Staff deadline for ES is 9/11106; Brenda Brilhart confirms Purchasing will have Tabulation by Sept. 7, 2006. 9-12-06: BCC approved - waiting for signed contract from purchasing. 9-14-06: Current contract with CLM extension request sent to Robert Kindelan. 10-04-06 - Purchase Order & NTP sent out - completion - (September 25. 2007) (IMM-7) -ACTIVE - ONGOIN(; (POC: Tessie) Signage Refurbishment and Replacement; 8-16-06: Quotes from Lykins presented to Committee for review/approval. Sign is $4,800.00 and Refurbishment $1,000,00. 8-16-06: Due to No Quorum - No Committee Action taken. Staff cannot proceed with project. Approval is pending next Regular Meeting and/or Special Meeting. 8-22-06: Special Meeting request by staff. Special Meeting date/time pending. Committee action approving funding for project is required. 9-20-06: Committee to review quotes 9-20-06: MSTU Committee approves 'Cedar' sign and refurbishment proposals. 10-17-06: PO request in the system 10-25-06: PO sent to Lykins; PO 4500071698; the time-line for this project is 60 days to completion. December 25, 2006 Project Due Date. 11-15-06: Lykins Signtek sent graphics for review and approval. 12-04-06 - Mcgee to come up with Template on size ofletters. 1-17-07: - need committee approval on proposal 1-24-07: Committee approved design from Lykins 1-25-07: Emailed and faxed approved design work - completion date: (March 31, 2007) (IMM-5) -ACTIVE -(FDOT JPA Grant) (POC: Darryl) - UNDER DESIGN 100% COMPLETE- LIGHTlNG-Immokalee Beatification Phase IV - Design (Consultant: Mike McGee)- Design Phase - 30% Completion; McGee & Assoc. Work Order for $76,944.02 issued NTP Design on 3/25/05. 1 161f B 3 ,d '~ McGee 60% plans are to be reviewed by Staff and Set up FDOT pre-app meeting with Lisa in ROW. Note: LISA TUCKER TO SET FDOT PRE-APPLICA nON MEETING DATE. MCGEE TO FILL OUT FDOT FORM FROM LISA TUCKER, On Jan. 24. 2006 there is a meeting with McGee and Sub-Consultant to review plans for FDOT Pre-Application. 4-17-06 McGee to re-submit plans with corrected project number for review. 5-1-06; McGee & Assoc. is non-responsive in providing requested 60% plans 5-30-06 McGee & Assoc. submitted 60% 6-5-0660% Plans submitted to Staff and FDOT for review. Review Pending. 6-12-06: 60% plans under review by FDOT, 6-27-06: 60% plans under review by FDOT 7-18-06: 60% plans under review by FDOT 8-16-06: 60% plans under review by FDOT 8-22-06: 60% plans under review by FDOT 8-31-05: Email sent to Karen Miracolla for status of 60% review. 9-25-06: PBS&J request information from McGee & Associates for project. 10-18-06: Request to proceed with 100% plans submitted to FDOT 11-8-06: Direction to McGee & Associates to proceed to 100% Drawing SubmittaL 1-17-07: Waiting on plans from Mcgee - 100% plans are due into FDOT for this project 3-28-07: 100% plans delivered to FDOT for review. Approval is pending. (IMM-3) ACTIVE - (POC: Darryl) Immokalee MSTU expanding their boundaries- 5- I 5-06-RLS sent to Scott Teach - to answer committee questions on expanding boundaries and procedure of expanding. 5-30-06 - in recent emails Scott Teach advises 50+ petitions to go before the board. 6-12-06: Committee to petition citizens for proposed change. - Staff has maps complete. 6-27-06; Confirmed with Scott Teach - yes 50%+1 required. 7-18-06: Committee on 8-16-06 with Scott teach evaluation on proposal- committee is required to provide 50% + 1 petition - prior to proceeding with expansion of boundaries. 8-7-06: Kevin Lilly to provide assessed values and Dan Regan is to provide survey data for delineation. Scott Teach is working on sample petition. 8-16-06: Sample Petition Complete, Mapping Complete. County Attorney review and recommendation pending. 8-16-06: Due to No Quorum Committee Action not taken. Committee action required to approve petition and approval of funding for mailing of petition to residents. 9-20-06: Committee approved Sample Petition and Boundary Expansion and payment for mailing. Mailing is to have Spanish and Creole language. 10-30-06: Final Petition, Boundary, and List of Names/Properties sent to Scott Teach for review and approvaL Required letter to residents is still pending, Committee Chairman Action required. 12-04-06: Review by committee chairman Rita Avilas pending 1-17-07: Rita to review and come back with comments at next meeting, Staff requires Committee approval for draft letter to residents prior to mailing. 1-24-07: Draft Letter distributed to committee to review and respond to item. (lMM-6) -COMPLE II - UNDER CONSTRUCTION-(POC: Darryl) -Immokalee Pavers Project- Construction Cost: Bonness: $69.025.60 September 12,2005: NTP- 9-8-05 issued to Bonness - Construction 90 days. P.O. ISSUED FOR $49,861.50 to Kent Technology for lighting installation. Bonness to complete work with a W.O. after lighting installation is complete. Lighting installation was recommended by McGee. 4-17-06; Lighting by Kent is pending; Spoke with Thomas Ladimer of Kent he says that Jim Smith will be managing this project 5-1-06; Kent Technologies to install Lights May 1-30; Bonness is to complete paver installation following lighting project completion. 5-15-06: Jim Smith new project mgr. - Tentative meeting 5-17-06 with McGee / Smith and Lulich to have Coordination meeting before project proceeds. 5-30-06; Meeting scheduled on June 2", to review project. - Inspection 6-12-06: Kent Technology Jim Smith confirms schedule for construction within 2 weeks. 2 1611 B 3 6-27-06: Kent Technology - under construction work to be completed June 29, 2006 7-18-06: Change in Specs by McGee requires jack and bore operation which will conunence by 8-1-06. 8-16-06: Jim Smith with Kent Technologies confIrmed that they are under construction with Lighting. 8-22-06: Jim Smith confIrms that Kent will instaUlighting foundations beginning on August 30, 2006 with project completion by September 8, 2006. Bonness confIrms that upon completion of Kent installation of bases by Sept. 8, 2006 Bonness would anticipate completion of ctITbing by Sept. 30, 2006. 8-31-06: Jim Smith confIrms crews have picked up the footings for the lights and will begin installation this week for the footings. 9-20-06: Installation of light bases is completed by Kent Technologies. 10-18-06: Conduit installation completed by Kent Technologies 11-6-06: CtITbing installation is being constructed. Forms for concrete are in place and ready for concrete fIll material. 11-15-06: All ctITbing installed. Pavers installation is pending, 12-04-06: Paver installation complete and inspection pending. 1-17-07: Inspected by Darryl and project is 60 % complete with punchlist items 1-23-07: Lighting Installation Completed - inspection to follow; Bonness Pavers need to be reviewed in terms of contract for percent complete. 1-24-07 - Inspection Complete for lighting; Lighting 100% complete. 1-24-07 - Additional pavers are needed and Bonness to provide quote. Pavers are 50% complete (payable); additional pavers require change order. Quote for change order pending from Bonness, 2-28-07: Change Order request received by Bonness for $14,803.23 - requires Committee Approval. 3-28-07: Project is completed. Change Order #1 is pending Committee approval. (lMM-12) - COMPl.! IT -Irrigation Lateral Break at Median #6: CLM indicated that the repair requires boring underneath roadway for installation of a new line. 11-17-06: Conunittee authorizes Staff to effect repair, - $5,000.00 approved 1-17-07 : completed by Commercial land under terms of maintenance contract 06-4008. (IMM-13) -COMPl.ETE - Code Enforcement - Signage placed without permit 10-18-06: Conunittee request staff inquire with Code Enforcement concerning signs placed in 'triangle area' at intersection ofHwy 29 and New Market Rd, without permit number indicated on sign. 10-19-06: Code Enforcement informed about signs and requested to remove them. (IMM-9) -COMPLETE - Report on CtITbing in FDOT Project; 10-18-06: Committee Chainnan Rita Avalos inquires as to why the State utilized Type A CtITbing at Median separators vs. Type F CtITbing as in other parts of project. 11-15-06: Liaison Staff Provides answer from FDOT on Project CtITbing. Type A CtITbing is the standard FDOT installation for separators while the Type F CtITbing is standard for other sections of ctITbing which are not considered a 'separator'. (lMM-13) -l'OM!'L! II, - Trash Pick-Up; Committee request to confIrm lnunokalee Disposal is providing 'Trash-Pickup' services. 10-18-06: Conunittee request inquiry to Immokalee Disposal as to responsibility in trash pick-up. 10-18-06: Staff directs Conunercial Land Maintenance to review entire project for trash pick-up and provide additional services as per contract in trash pick-up. 11-17-06: Conunittee informed that lnunokalee Disposal is still the responsible party for trash pick-up. (lMM-4) - COMP!L II- -Sidewalk Project (Consultant: Mike McGee) - Non-MSTU Project; August II, 2005: Trinity is Pathways contact and will report on status 8-16-06: Final Application for payment submitted by Higgins. Staff processing Final Change Order prior to payment. 8-22-06: Trinity Scott reports that the project is at Final Completion with a fInal change order pending prior to project closeout. MSTU Committee is to receive re-imbtITsement of funds in the amount of $195,706.00 from FDOT. ReimbtITsement through FDOT to OCCtIT upon Final Completion. 3 1611 11 3 8-31-06: Gloria Herrera reports that a change order # I has been approved forthe Higgins Contract for -.54 (cents) Final Pay Application has not been received. 9-20-06 Final payment has been processed to DN Higgins. - Sidewalk Project (lMM-2) COMPLI,I F-ImmokaJee Banner Replacement-'Welcome to Immokalee' Banners Delivered to A TM Department. (IMM-I) COMPLI': lie - Holliday Banners - Banners Delivered to ATM Department. 4 N ~ ~ I 0 ~ ~ ~ 0 ~' ~ ~ N 00 U ~ V~ 00 0 16 ~ [i ?; . '. \'! .. ; e 0 0 8 ~ " ;; N " '. g \'! " i1 , " v 0 0 0 ~ ~ ~ iii . ~ \'! ~ &I 0 " 0 0 0 0 " ~ R ~ v .. .. ~ , , " " " 0 0 [i " " ~, . , , , . ~ .. t;; 0 " " " N 0 0 08 U ~v o~. 8~ ~- !2.!2. <IJ<09............. ~ o . 0 E g. ~ ~~ ~ ti'< '5 Ci6Ol.a.)!: 'Ii !l~~~~~ ~~~8"""~~~ ~~~lL~8~ ~ o i ;I:!i _0_ =...... NO_ "'..."":. _ N o o ~ o . . ~ . ~ 11 , ~ , N ~ . . Zi " ~ o i~~ ~ o :so. 0.. s. o,g :0 1l CL &: .e~ ~.N N ~ ~ . " ~ .. ~ o . o z i I 1 B 3 COLLIER COUNTY G6~k~MENT; TRANSPORTATION SERVICES DIVISION .. Alternative Transportation Modes Department 2885 Horseshoe Drive South. Naples. Florida 34104 . TeL 239-774-8192 . FAX 239-530-6219 November 17,2006 Immokalee MSTU Resident Dear Resident, The Immokalee MSTU was created by the Collier County Board of County Commissioners on August 5,1986 (revised June 9, 1992) "for the purpose of doing all things reasonably necessary in connection with landscape beautification, including providing for pavement, curb and sidewalk modifications, installation of irrigation facilities, associated landscaping improvements and maintenance thereof'. Existing Boundary is as indicated in Ordinance includes 3710 Parcels which cover approximately 3,223 Acres in Immokalee. Please referenced attached Boundary Map with Proposed Expansion Area. Currently there is a proposal that the Immokalee MSTU Committee has approved for expansion of the Immokalee MSTU Boundary. This Boundary Expansion would allow the Committee to provide improvements to Lake Trafford Road. Plans are for installation of lighting similar to that already installed by the Immokalee MSTU Committee on Main Street (State Hwy 29) from 1" Street to 9 Street. The Immokalee Committee regards the continuation of lighting enhancements on Lake Trafford Road a priority for construction in the 10 year plan. Please reference attached Immokalee MSTU Project Goals. The expansion area is 1018 Parcels which cover approximately 2,490 Acres in Immokalee Lake Trafford Area. Anticipated Lighting Project will be fmanced by additional annual revenue of expansion area. Currently Projected revenue is calculated as: (Total Expansion Area Property Value) $40,190,270.00 at .001 millage rate (Ad Valorem Tax) ~ $40,190.27 Projected Increase in Annual Revenue to Immokalee MSTU given that Expansion Proposal is approved by residents (by signing petition) and then by Collier County Board of County Commissioners. Currently based on existing boundary and Ad Valorem Tax rate of I mill, the Immokalee MSTU receives approximately $278,795 in revenue each year. Currently the MSTU has project goals which are in order of priority: (1) Competion of Immokalee Phase IV Project which is being fmanced by the Immokalee MSTU Committee with an estimated project cost of: $875,164.00. This project includes agreement with Florida Department of TranspOrlation (FDOT) for reimbursement of up to $300,000.00 in project cost. Currently the Immokalee MSTU has approximately $569,400.00 in Capital Improvement Funds available for the anticipated Phase IV Project which will go out for bid Spring of2007. Project will be phased if Project Cost exceed available funds for construction. Please reference attached Immokalee MSTU Project Goals. If the expansion of the Immokalee MSTU Boundary is approved by the residents with the required 50% plus one signature indicating approval, there will be no increase in the current millage rate. I encourage your participation in providing signature on petition on this expansion proposal as it benefits the community, The Immokalee MSTU Committee is committed to serving the Community and approval of the boundary expansion will enable the committee to better serve the Lake Trafford Area. If you should have any questions regarding the Immokalee MSTU and the projects which are scheduled to be completed please contact Immokalee MSTU Project Manager, Darryl Richard, at 239-659-5775. Thank you, Rita Avalos, Chainnan.lmmokalee MSTU Committee c " (~~ c c " .. .. 1 6 f~J B ~ 3 Collier County Citizen Petition No. County Manager's determination of sufficiency on (date). To the extent that ~ 1 04.185, Florida Statutes, applies to this petition, "It is unlawful for any person to knowingly sign a petition or petitions for a particular issue more than one time. Any person violating the provisions of this section shall, upon conviction. be guilty or a misdemeanor ofthe first degree, punishable as provided in ~775.082, or ~775,084," (~104.185, F.S.) Petition To the Board of County Commissioners of Collier County, Florida: The undersigned petitioners hereby request the Board of County Commissioners to approve and establish the expansion of the Boundary for Immokalee Beautification Municipal Service Taxing Unit (MSTU). Expansion of boundary is for the purposes of improvements to Lake Trafford Road, Additional properties included in boundary expansion are: All of Section 35; all of Section 36; all in Township 46 South, Range 28 East; The South V, of the Southwest v.. Section of Section 30, The North V, of the Northwest v.. Section of Section 30, The North V, of the Northeast v.. Section of Section 30, The; all in Township 46 South, Range 29 East; The North V, ofthe Northwest y, Section of Section 31, The South V, of the Southwest v.. Section of Section 31, The South V, of the Southeast y, Section of Section 31; all in Township 46 South, Range 29 East All of Section 6; in Township 47 South, Range 29 East. Please reference attached Ordinance No. 92-40 Board of County Commissioner's Approved on June 9, 1992. After investigation by the Transportation Division and an advertised notice, a public hearing shall be held to determine if the proposed assessment district shall be created. Each affected property owner shall be notified of the public hearing by U.s. mail. 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(C(Q(Q '-0<0' ........... 0l0l! 1- ~~~ :g:g --- <50! j 000 - +--- "","j;~- ""&i CDQ;lOJ g;~ ' ~lS18 Zo I o~8 00 I "'"' i ~~ -, ~~ i .0(0 ~~ ~~ mm ! ww , 1"'"'0 I (0(0(0 ,- -- ...e ~ ~ :(O<O(C I~I~~ i,,~I:J;~ I................ , ",""zoo Om)>)> "1');0 ;0 ->::0;:0 0.,-<-< Ig1< Cl'" !:tim:;:cO "I(,TI ~;;U ftI'#.>~ l;i 0 AJ 5i :~ Tl 0 0 :; rn 0, ! -i"'Gl -mm j;zz -<om m),~ ~~r- m' <'" III 00101 ~ -1-1 , 1000 + 3' 3 ~ ~ ?! ~~:; "THO lfll il1 -< QI - ~ Oem. ~ N' OJ~-.j~ oNo ~. W C- o 0 " . ~ -< C 16~ I 18 3 IIPending Change Order II BONNESS INC. 'it,',."" 2/28/2007 Submitted To Darryl Richard Collier County Transportation 2705 S. Horseshoe Drive Naples,FL 34104 PCO Item Status Change in Days Quautily UM Unit Price Extended Price 1 : Add! Pavers @ Medians Sent 0 33.000 sf 13.45000 443,85 Per McGee Plans, additional areas not clearly noted on plan. 2 : Repair of damaged pavers Sent I 0 I 20,000 sf 72.45000 1,449,00 Replacement of pavers due to damage by others. 3 : Remobilization Sent I 0 I 1.000 Is 4.392,00000 I 4,392,00 4 : Maintenance of Traffic I Sent I 0 I 1.000 Is 8,518.38000 I 8,518.38 Furnished and maintained maintenance of traffic for well over a year while street lighting was being re.designed. ~ 16/1 B 4 March 20, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE Fiala ,~ \0IA/ Halas I~~ Henning.__ g~~~a '-2~:~~:= LET IT BE REMEMBERED, that the Collier County Domestic Animal Naples, F,lorida, March 20, 2007 Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 P.M. in REGULAR SESSION at Domestic Animal Services Resource Training Room, Davis Blvd., East Naples, Florida with the following members present: CHAIRMAN: Dr. Randall Eisel Karen Acquard Michele Antonia Marcia Breithaupt Sergeant David Estes (excused) Tom Kepp, Jr. Sabina Musci Staff Present: Margo Castorena, Director ofDAS Nan Gerhardt, Shelter Operations Manager MISC corres,\ \ Date lo (;}- 61- !tem# (\.0 1-- \~~ CtJOlt6 W Marc~ 20, 2007 B 4 1. The meeting was called to order by Chairman Dr. Randall Eisel at 6:34 P.M. 2. Attendance: Dr. Eisel called the roll and a quorum was established 3. Approval of Agenda: Sabina Musci moved to approve the agenda as presented. Second by Karen Acquard and carried unanimously 6-0. 4. Approval of Minutes: January 16,2007 (There was no February meeting due to the lack of a quorum. ) Michele Antonia moved to approve the minutes of January 16,2007 as presented. Second by Tom Kepp, Jr. and carried unanimously, 6-0. 4. Directors Report: Departmental Statistics and Reports (January and February 2007 handouts) Margo Castorena reviewed, with the board members, the following reports: Shelter Reports January -Incoming - 303 Dogs, 273 Cats & 31 other - for a total of607 animals Outgoing - 282 Dogs, 236 Cats & 31 other -for a total of549 animals Of the Outgoing numbers, 89 dogs and 58 Cats were rescued or adopted; returned to owners were 72 dogs and 8 cats. February-1ncoming- 262 Dogs, 199 Cats & 21 other-for a total of 482 animals Outgoing - 276 Dogs, 230 Cats & 15 other-for a total of 521 animals Of the Outgoing numbers, 87 dogs and 40 cats were rescued or adopted; returned to owners were 63 dogs and 4 cats. Veterinarian Procedures Report January - Rabies- 110, Microchip-I 1 0, Spay - 61 & Neuter- 60 February- Rabies- 81, Microchip- 81, Spay 63 & Neuter- 40 Medical Stats Report January - Total Medical Cases -304 February - Total Medical cases -/15 Volunteer Report January - Number of Volunteers - 32 February - Number of Volunteers - 50 Number of volunteer hours - 183.5 Number of Volunteer hours - 327 Officer's Monthly Activity Report January - 1,582 Animal Control Officer Cases Handled February -1,592 Animal Control Officer Cases Handled 2 1611 ~r"'" \ll March 20, 2007 ' Discussion followed on the small number of owners who are redeeming their pets and the large numbers of cats being brought in, with few being adopted or retumed to owners. Cited, were the many reasons adoption rates are down. It was agreed to get the word out to the public to encourage an increase in cat adoptions. Nan Gerhardt, Director of Shelter Operations spoke on the improved technology that will help Officers find, inquire about and return animals in their neighborhoods. She acknowledged that the saturation point will be reached soon as there are not enough homes to take them all in. Margo Castorena noted that the public has been asking for more cat traps for nuisance cats (roaming and feral). Thirty more have been purchased. Media-wise, they are doing all they can to publicize adoptions. Margo Castorena extended invitations to all to attend National Volunteer Week Celebration on Saturday April 14, 2007 at 2:00 PM, to recognize DAS Volunteers. She praised the value of work of the volunteers and the quality of care they give. 6. Old Business a) Microchip Ordinance Follow-up Report The Microchip Ordinance was passed and is now implemented in Collier County just as the Domestic Animal Services Advisory Board drew it up. This Ordinance has been mentioned in the news media and the Board was congratulated for their efforts in getting this into law. b) American Humane Training at DAS Nan Gerhardt reported on the one week training hosted by DAS and conducted by the American Humane Association. This training consisted of 4 training days. Two days of Shelter Operations school, One day of Shelter Operations training for Supervisors and two and one half days of Compassion Fatigue seminars. Shelter Technicians and Humane Society members from many different areas were in attendance. Outstanding training was provided in: . impounding & handling animals . sanitation . public perception . Compassion Fatigue This training will return next year and include a new program - a Shelter Operations Boot Camp, given by a Specialist trainer who has presented this program throughout the Country. Out of state attendees marvll!ed at DAS in their: · operation methods and management . the facility itself . the availability of funding . day to day operations . customer service 3 161~ B Ii! s< March 20, 2007 7. New Business a) Upcoming DAS Events March 25, 2007 -Doggie Day Ruffing It - a Boutique Daycare for Dogs and WINK-TV fundraiser benefiting DAS and the Lee County Humane Society. April 7 and 21 - Sugden Park Farmers Market April 14, 2007 - Volunteer Appreciation Day Board Members were encouraged to attend to honor and show appreciation for all the Volunteers. Petco - DAS is now a presence there, staffed by volunteers b) Upcoming training Cruelty training by University of Missouri Cruelty School will be coming to DAS next year. Investigation, documentation and prosecution with the proper procedures for each one will be highlighted in this training. Margo Castorena announced that Meryl Rorer will be leaving the Volunteer Co- ordinator position to work for Parks and Recreation. DAS will be seeking a new Volunteer Coordinator. Any qualified referrals from the Board will be appreciated. c) Upcoming DASAB vacancies (handout) Margo Castorena provided copies of the applications for the 2 vacancies on the DAS Advisory Board (Law category and Animal Activist category) Sergeant David Estes was the only applicant in the Law category. Chairman Eisel caned for a show of hands of those in favor of retaining Sgt. Estes on the Board in the Law category position. By a unanimous show of hands (6-0), the Members voted in favor of retaining Sgt. Estes on the Board. Margo Castorena explained the Animal Activist position and informed the Board that all four applicants were qualified. She made note that Michele Antonia has been filling out the term of a former Board Member and was now applying for her first term. After reviewing the four applications, Chairman Eisel noted that only two of the applicants were present and each was given the opportunity to address the DAS Advisory Board. Chairmon Eisel then called for a show of hands for or against each of the applicants. By a majority decision (5-0, 1 abstention), Michele Antonia was elected to serve on the DAS Advisory Board. Tom Kepp Jr. informed the Board that he abstained from voting on this position due to a possible conflict of interest. The entire Board thanked the applicants for applying and urged them to apply again for the next opening, as their interest and their qualifications would be welcomed 7. Public Comments: Margo Castorena added that DAS would, in the near future, be able to offer a Micro-chip Clinic using a new procedure that will allow lifetime registration. 4 16'1 B 4 March 20, 2007 8. Advisory Board Member Comments: Michele Antonia thanked the Board for their vote to appoint her to the Board. Sabina Musci inquired about the dangerous dog issue and the outcome of the vicious dog in question, which had to be put down. Karen Acquard congratulated Michele Antonia on her appointment and encouraged the other present applicant to continue coming to meetings and to be sure to apply for the next opening. Dr. Eisel praised the Staff and the Board for their work in getting the Micro-chip Law passed. He then spoke about his experience while working at the Humane Society some time ago. He shared a heartwarming story of a special dog he took to his heart and home and how he learned the true meaning and blessing of a saved dog. That experience especially, was one of the reasons he serves on the DAS Advisory Board. The next meeting of the Domestic Animal Advisory Committee is scheduled for April 17, 2007 at 6:30 P.M. There being no further business for the good of the County, the meeting was adjourned by the order ofthe Chair at 7:37 P.M. ************ Collier County Domestic Animal Services Chairman Dr. Randall Eisel These minutes approved by Board/Committee on or as amended as presented 5 16r-f B it April!?,2007 -0 r",' 'J' "I' t: wJ MINUTES OF THE MEETING OF COLLIER COuNTY 'i::;S;~W~:rJ DOMESTIC ANIMAL SERVICES ADVISORY COMMITTEE I Fiala ~j Halas " .' " . Henning _ Coyle _ LET IT BE REMEMBERED, that the Collier County Domestw~;o)J T.W=---= Naples, Florida, April] 7,2007 Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 6:30 PM in REGULAR SESSION at Domestic Animal Services Training Room, Davis Blvd., East Naples, Florida, with the following members present: CHAIRMAN: Dr. Randall Eisel (unexcused) Karen Acquard Michele Antonia Marcia Breithaupt Sergeant David Estes Tom Kepp, Jr. Sabina Musci STAFF PRESENT: Margo Castorena, Director, DAS Nan Gerhardt, Shelter Operations Mgr. 16 ~1 B 4 April 17, 2007 1. Call to Order The meeting was called to order at 6:43 PM by Acting Chairman Tom Kepp, Jr. 2. Attendance Attendance was taken and a quorum was established. 3. Approval of Agenda Karen Acquard moved to approve the agenda. Second by Michele Antonia and carried unanimously 6-0. 4. Approval of Minutes of March 20, 2007 Michele Antonia moved to approve the minutes of March 20, 2007, as presented. Second by Karen Acquard and carried unanimously, 6-0. 5. Directors Report Departmental Statistics and Reports (hand-outs - March 2007) Margo Castorena handed out and reviewed with the committee her reports on: a. shelter activity - There were 256 animals adopted or returned to owners. She noted that once again cats are not being adopted or redeemed at the rate of dogs. She noted that more are dogs are leaving the shelter and more cats are coming in. Several questions were asked regarding the information in some of the categories and Margo provided these explanations: . All of the fees that come in other than donations go to the General Fund. Costs of running the shelter far exceed the fees that are charged for the various services. · Micro-chipping is working. A portion of impound fee is refunded if owner has pet spayed and neutered. About 50% of impounded animals are already spayed and neutered. · Most of the reasons given for dropping pets off at shelter are allergies, moving away and can't take the pet or, children won't take care of the pet. Margo cautioned that the real reason is not always the one given, so staff does not make judgment calls. b. Vet Statistics - Margo reported that the shelter now has two full time Veterinary technicians. She went over the statistics on various procedures and how the numbers compare from month to month. These included micro-chipping, spays and neuters as well as the numbers and various medical cases treated. d. Officers Report - This report included 1740 activities investigated and handled by the Animal Control Officers in the month of March. Involved in this number were horses, cows, goats and even a wallaby; in addition to the usual assortment of animals. 2 16 ! 1 April 17, 2007 e. Volunteer Report- Margo reported there were 363 hours donated by 57 volunteers during tbe month of March. Also that Meryl Rorer, the Volunteer Coordinator, has taken a position with Parks and Recreation. The Volunteer Coordinator position has been advertised and interviews are being set up. 6. Old Business a. Volunteer Recognition Margo Castorena thanked Marcia Breithaupt and Karen Acquard for their support at the Volunteer Recognition event. She was able to gather a great deal of feedback from the nineteen volunteers in attendance. As a result of that feedback, she expressed some views on the direction she would like to see in the volunteer program . To assemble a contingency of volunteers in the schools to educate and teach children how to respect and care for animals . To institute a mentoring program for seasoned volunteers to mentor new volunteers on procedures and how to spend quality time with the animals . To provide certain materials and supplies requested by the volunteers Volunteers expressed enthusiasm for these initiatives. Karen Acquard mentioned the positive affect received by seeing young people showing interest in volunteering. 7. New Business a. Upcoming DAS Events January 19 -Paws on Parade A local realtor suggested having a smaller version of the Howl-a-Day Jubilee. The realtor has offered to make up any difference if the event doesn't take in at least $2,000. b. Howl-A-Day Jubilee 2007 November 17, 2007 at Vineyards Park Margo announced that WINK 96.9 radio has asked to be the exclusive radio sponsor for this event. They have offered a promotional package worth $10,500, which will include advertising, live promotions and having representation at the event. This will get the word out with no cost to DAS. Pet Pages seeking to sponsor this event, also She also informed DAS Committee that DAS has been named as one of two recipients of a living trust. DAS will get one half and one half will go to a northern zoo. Margo and the DAS expressed their gratitude to this donor who is obviously an animal lover. This offer will have to be accepted by the Board and has gone to the legal department. It is hoped that money will go into the DAS Charitable Trust. Margo spoke to the Legislative changes that may be coming down soon. If approved, Collier County could be affected dramatically by the cuts. 3 , '-~, j;""-,,: L1 ~ ,(.,-;; "t 1611 ~" '. ,;. " April 17, 2007 The Budget has already been submitted to the County Manager but not yet approved, so can be cut at any time. If taxing ability changes (goes down), even with less money to go around, departments are not allowed to go over budget. She explained the budget and cutting problems. DAS has 24 hour coverage, which may require overtime if the six open positions cannot be filled. Margo Castorena spoke about the various staffing changes that have occurred. She also informed the Committee that she was able to make a favorable arrangement with the software company, who will be providing staff training, scheduled for mid July. 8. Public Comments Tina Bland filled out a speaker slip but declined to speak. Ben Rae inquired about the micro chip law and how it works. He also asked about outside adoptions. Tom Kepp explained the micro-chip procedure under the new law. Margo Castorena stated that outside adoptions have been held at PetCo and PetsMart and will probably do so again when a new Volunteer Coordinator comes on board; as this program is one stqffed mostly by volunteers. 9. Advisory Board Member Comments Michele Antonia inquired about the positions advertised and about the weekend spay and neuter clinic. Tom Kepp reported that they are working on some issues that cropped up in this program, that is a work in progress and it has been suspended for the present time. Sgt. David Estes first complemented Tom Kepp on the "good job" as Acting Chairman. He also mentioned the challenge, given the possible tax cuts and the level of service expected by the public in this area. He reported on the stray wallaby and its capture, in which he was involved. The wallaby was brought to the Aviary. Owner was issued a citation for allowing the animal to run loose and having six wallabies when only licensed for one. All but one are females and those are pregnant. He spoke to the fact that they easily get over- excited and can be dangerous. They are good pets, if not excited. He warned that exotic animals, such as these are subject to the Florida fish and Wildlife Commission licensing and regulations. Nan Gerhardt stated that she did some research and found that there are many wallabies in the area and they are becoming the "new pet". She expects to see DAS being more and more involved with wallabies, who need specific care in captivity. A wallaby enclosure may be next on the wish list, was a half-joking remark. 4 B '-I " i ~ ,1~;, \ , r'.c' ~-;. 'c to ,..Ii" April l'f, 2007 Sabina Musci inquired about the contaminated dog food problem. Sabina was assured that DAS does not use any of the brands cited. And, that a list of these brands can be found on the DAS Web Site. Next Advisory Board Meeting is scheduled for May IS, 2007 at the Domestic Animal Training Room, Davis Blvd., Naples, Florida. Sgt. Estes moved to adjourn. Second by Sabina Musci and carried unanimously, 6-0. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 7:40 PM. ************ COLLIER COUNTY DOMESTIC ANIMAL SERVICES Tom Kepp, Jr., Acting Chairman These minutes approved by Board/Committee on as amended as presented 5 R i.", l or .~ 1611 /) ,?../ r- -} .",-,' GOLDEN GATE M.S.T.U. ADVISOR:!la )Vt COMMITTEE Halas---'---- 2885 Horseshoe Drive Henning.-=--!2:"'-' Naples, FL 34104 Coyle _f2:-- Coletta ,Z?Ji:7- ..", ._.- -"""..--., March 26, 2007 SUMMARY Special Meetina A quorum was established and the agenda approved. IV. Fiscal Year Budget 2007-2008 Review and Approval Open discussion ensued on the budget numbers with the following changes: - Engineering Fee - Landscape Incidentals - Other Contractual - Postage Freight - Electricity - Mulch - Lighting Maintenance - Printing &lor Binding - Licenses & Permits - Fertilizer, Herbicides $55,000 $10,000 $100,000 $3,000 $4,000 $25,000 $20,000 $5,000 $1,000 $10,000 Total $268,400 Rick Sims moved to recommend the budget as amended. Second by Peggy Harris. Motion carried unanimously 5-0. ~~:: \\\~ (D Y Item # \lJi 1: \ I~ 5' 1 Cop,s. tv 16/1 :{j~ 5 GOLDEN GATE M.S.T.U. ADVISORY COMMITTEE 2885 Ho.....hoe Drive Naple., FL 34104 March 26, 2007 MINUTES Special Meeting I. The meeting was called to order by Chairman Rick Sims at 4:02 p.m. II. Attendance Members: Peggy Harris, Michael McElroy, Barbara Segura, Richard Sims, Patricia Spencer. County: Darryl Richard- Project Manager, Tessie Sillery- MSTU Project Coordinator, Caroline Soto- Budget Analyst, Others: Michael McGee- McGee & Associates, Michelle L. S. Guerrero- Mancan. III. Approval of Agenda Add: Line item 'IV. Explanation for Special Meeting' Rick Sims moved to approve the agenda as amended. Second by Barbara Segura. Motion carried unanimously 4..0. Peggy Harris joined the meeting at 4:03 p.m. IV. Explanation for Special Meeting Michael McElroy was introduced as the new Committee Member. Darryl Richard informed the Committee that the budget needs to be approved by April 101. V. Fiscal Year Budget 2007-2008 Review and Approval The proposed budget spreadsheets were distributed (see attachments). 1 16tlB 5 Open discussion ensued on the budget numbers with the following < changes: Engineering Fee Landscape Incidentals - Other Contractual Postage Freight - Electricity Mulch Lighting Maintenance Printing &lor Binding Licenses & Permits Fertilizer, Herbicides $55,000 $10,000 $100,000 $3,000 $4,000 $25,000 $20,000 $5,000 $1,000 $10,000 Total $268,400 Discussion ensued on the carry forward amount. It is unknown what the actual final numbers are since the audit considering the carry forward corrections has not been completed as was previously stated would have been done by February. Caroline Soto will find out if the carry forward has been taken into consideration as of yet. Rick Sims moved to recommend the budget as amended. Second by Peggy Harris. Motion carried unanimously 5-0. VI. 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Headquarters Library AGENDA Call to order Approval of Minutes Literacy Program Report ...~ '.~ Report of Officers Unfinished Business Fiala Halas . ,Y, Henning '- Coyle . -lp-- Coletta "" __ ~_- Communications a - Written b - Personal 1. Employee ofthe Month - April 2. Golden Gate Library Construction 3. South Regional Library 4. Meeting Room Policies - Deferred Discussion 5. Rose Hall 6. May LAB Meeting - Propose New Meeting Date New Business General Considerations Director's Report Report of the Friends Adjournment Mise C'''C\ \,r \ {Y Date ~ l \ l!:> (., Item # COPi~S \0 1611 ,r, ~..l Li 6 Naples, Florida, March 21, 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 Karen Louwsma Andrew Reiss ABSENT: Connie L. Bettinger Hennink ALSO PRESENT: Marilyn Matthes, Library Director Luz Pictri, Administrative Assistant APPROVAL OF MINUTES Mrs, Lewis asked for comments or corrections to the minutes of March 21, 2007. There being none, Mr. Reiss moved, seconded by Mrs. Murray and carried unanimously, that the minutes be approved as submitted. REPORTS OF OFFICERS - None COMMUNICA nONS - None UNFINISHED BUSINESS The Board reviewed the nominations submitted for selection ofthe Library's Employee ofthe Month. Mrs. Murray moved, seconded by Mr. Reiss and carried unanimously, to select Linda Chello, Library Assistant at the Golden Gate Library, as Employee ofthe Month for March 2007. In reference to the Golden Gate Library construction, Mrs. Matthes stated that staff was waiting on easements to be finalized before proceeding, In reference to the South Regional Library, Mrs. Matthes stated that some issues were still being worked out with the architect before proceeding. She had met with designers to talk about carpeting, furniture, color schemes, etc. The staff is also considering the purchase of a RFID Reader for this branch. In reference to the Rose Hall, Mrs. Matthes reported that the Friends of the Library had generated $10,000 at their last fundraiser event. Mrs, Matthcs has written a grant for $500,000 that would havc to be matched by another $500,000 to be raised locally. Mrs, Matthes commented that the County's Annual Update and Inventory Report, (AUIR) is now considering all materials, not just books, for level of service standards. 16/1 8 ,I' r) ~""" Mrs, Matthes also commented that the County is asking staff not exceed 6% above this year's budget for 2008, including personnel and other expenditures. Mrs, Matthes reported that the Everglades Library will be moving back into the building soon. Mrs. Louwsma asked Mrs, Matthes about carpeting the Everglades Library to cut down on noise, Mrs. Matthes said she would look into it. Myra Daniels from the Philharmonic offered the Library a sculpture donated by a local artist. Mrs. Matthes said she was still considering it. The magazine' Sports Illustrated' had decided not to send their swimsuit edition to public schools and libraries. The Library has received about nine applications for the Assistant Director position, Interviews will start soon, The Library Advisory Board Report to the Board of County Commissioners will take place on March 28, 2007. REPORT OF THE FRIENDS - None ADJOURNMENT There being no further business to come before the Library Advisory Board, Mr. Reiss moved, seconded by Mrs, Murray and carried unanimously, that the meeting be adjourned. Time: 3.05 p,m. 16/1 B 7 ~"'~_.'O> l' , ,,,/1" .~\ fi-..,..'.." \~'; , " . <>oJ '" '.-J ~/./ '."""""",,,/ 7i"l C/ COLLIER COUNTY ~/ ..:x- ,/ ;. ~ -' April 23, 2007 Dr. Wes Singletary Certified Local Government (CLG) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dear Mr, Singletary: Please be advised that a public meeting for the Collier County Historic and Archaeological Preservation Board has been scheduled for Wednesday, May 2, 2007 and will begin at 2:30 p,m, at the Naples Zoo located at 1590 Goodlette-Frank Rd" Naples Florida: If you have any questions concerning this meeting, please do not hesitate to call me, My phone number is 239-403-2463 or you can e-mail meat:Raybellows@colliergov.net. Sincerely, ..; /7 /?;/J I ~ / Y:~t-l--- Raynt!ind V Bellows, Zoning Manager Department of Zoning & Land Development Review (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Ron Jamro Susan Murray Jeff Klatzkow Melissa Zone Amanda Townsend (Parks & Recreation) Mise Carres, Date,~ item#JG I IG 1- ,-,,;:.,;....C::::,W II 1611 R 7 AGENDA COLLIER COUNTY HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 2:30 PM, WEDNESDAY, MAY 2, 2007 AT THE NAPLES ZOO LOCATED 1590 GOODLETTE-FRANK ROAD, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD, THESE MATERIALS WILL BE A V AILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL/ATTENDANCE: 2. OLD BUSINESS: A, Tour of the Nehrling's Tropical Garden for a Proposed Historic Designation 3, ADJOURN 1,lli~l<)ri':<lI/,\rlh,1<:(,1(1~iC:I!'\!:,CI,c1a 16/1 B. 8 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL (EMSAC) RECE!VED April 25, 2007 APR , 0 2007 COLLIER COUNTY COMMISSION BOARD ROOM buard of County CommiSSIOrli?fS District I Commission District - Vacant District 2 Commission District - Jeffrey Albritten, Chairman, Absent District 3 Commission District - John Valenti, Present District 4 Commission District - Nancy Lascheid, Vice Chairman, Present District 5 Commission District - Vacant At Large - Johan Domenie, Present At Large - Dr. Douglas Lee, Absent Naples Community Hospital - Gail Dolan, Present City of Naples Police and Emergency Services - Jim McEvoy, Chief, Present Collier County Health Department - Judith Nuland, Present City of Marco Island Fire/Rescue - Michael Murphy, Chief, Present Collier County Fire Chief's Associations - Rob Pottieger, Assistant Chief, Absent Physician's Regional Medical Center - Dr. Jeffrey Panozzo, Present Collier County Sheriff's Office - Commander Bill Rule, Present Fiala ~ Halas 0~~ Henning Coyle ~ Coletta V The regular meeting was called to order by Vice Chairman Nancy Lascheid , followed by the "Pledge of Allegiance". OLD BUSINESS: MISC, Corres: Date, lo\p.lor . Item # 1(01 165 A quorum was not present at this time. Update on ALS Engine Agreement: C" ,oj The agreements have been to the County Attorney's office, where they were modified. Currently the City of Marco and the City of Naples have received the "clean" copies for their respective attorney's to review, The East Naples and North Naples agreements should be completed very shortly for their individual attorney's review, Ideally we will have the completed copies from the individual attorney's before the next BCC meeting. At that meeting once the BCC has signed off on the agreements, then they will go to the respective districts' and cities' boards to sign off on, Chief McEvoy stated that the attorney for the City of Naples has reviewed the agreement and had no problem with it. A question was brought up from Commander Rule regarding the original 90 window of time to have these agreements completed before they would terminate, and whether that was taken away of if we were still within that time frame, Chief Page explained that we are still within that 90 day window, however we still have some time before that ends, He also stated that Dr. Tober let some of the "Quick attack" units that he had previously removed, get back onto the road. This mainly takes away the need for the time crunch, There was some discussion regarding who can terminate the agreements, At the EMSAC meeting on February 28, 2007 is was determined that Dr. Tober being the Medical 1611 Director was the only person who can terminate the agreements, However the BCC thought they were the only ones who could terminate these agreements. Chief Page stated that the County Attorney's position is that either party has the power to terminate the agreements, There was a question asked regarding the difference between each districts' agreements, Chief Page explained that the only differences are the Districts name, and the number of units they are guaranteeing to be available 2417. With the added presence of Mr. Valenti we now have a quorum, Motion to adopt current agenda: passed unanimously, Motion to adopt the minutes from the previous meeting: passed unanimously, Since there was not a quorum present at the March 28th meeting, there was a motion to adopt the minutes from February; which passed unanimously, NEW BUSINESS: There is no new business. STAFF REPORTS: EOC: Yesterday the BCC reviewed and approved the construction phase of the new EOC building off Collier Blvd, They approved all but $8 million, which they requested the Productivity Committee review to see if we can cut some cost from that. They didn't want to hold up the construction of the building, they just had some questions about the design of the building. The $8 million was to go toward "accessory items" within the building, The BCC questioned the fencing, and the moldings for example, They also questioned the amount of equipment that would be installed, and whether we would be using existing equipment or purchasing all new and what the use was for each of these items. One example is the 911 dispatchers, and the equipment they use. In two years will the existing CAD system still be new enough to move, or will it need to be updated? Also in the design plan there is space for 20 or so monitors, The BCC was concerned that was a little excessive, and they wanted to know more about what they would be used for. Judy had a question to see if there was anything as a board that could be done to help persuade them to approve everything as it stood, Chief Page explained that as a board there really isn't anything that can be done. However the Productivity Committee meetings are open to the public and as a representative for the Health Department, she may be able to go and make some recommendations to them. Commander Rule would most likely have the same opportunity as a representative for the Sheriff's Office, Especially considering a main component of the building will be the 911 dispatchers, A question was asked as to when the Productivity Committee will be reviewing this. Chief Page thought that they are trying to speed tract it, and it should be reviewed in the ...., , .~ 8 next few months. They have plenty of time before they would need e!c~ig!re~as to B 8 what will be installed in the building. They probably have approximately 8-9 months before that last $8 million would need to be utilized, Another point was brought up regarding the change orders that would have to happen pending the Productivity Committee's review, and if it's worth the hassle, Chief Page said that point was brought up at the BCC meeting by one of the Commissioners, and they were also concerned about that. A question was asked if there were any changes made to the EMS portion of the building, and if they are still using our impact fees. Chief Page stated that there weren't any changes made to the EMS component of the building at yesterday's meeting. And yes they have used to date $500,000 out of impact fees for the original design of the building, The site itself is just about ready for vertical construction. Hopefully it will be completed in a few years, Budget: Chief Page spoke a little on budget. It hasn't been to the County Manager for review yet, so he couldn't give final details. He stated that once a final copy is complete it will be passed along to the council members. He stated that each department within the county is restricted to a 6% increase from last years adopted budget. This coming budget year we were supposed to add 3 additional growth units, and all of those will not fit into the budget, and have to go into an Unfunded Request, which basically means that we are requesting 3 additional growth units and the Board will have to approve those. Even though they already approved them in the growth plan. Also in the Unfunded Request will be an additional Captain's position for training, some helicopter maintenance items, and even an existing unit that we added this year. He also stated that we may have to reduce staff on the road to meet the 6%. Chief Page said he has some very good reasons why we should be allowed to exceed the 6%, Considering the Board requested the additional growth units, and that's not something he has any control over. He stated that they are looking at some of the top of the line equipment that is carried on each unit and possibly pulling some of those off to help, A question was asked regarding the approximate total of the Unfunded Requests as it stands now. Chief Page said that just one constructed station is $1.5 million plus the additional staff and the other items there it adds up to approximately $3 million, Another question was asked regarding the success rate in the past of the Unfunded Requests, Chief Page said that he has been very successful in the past and gave an example of last year, he only asked for 2 growth units, and they made him add 4, He also stated that just because we have an unfunded request doesn't mean it will make it into the budget, the County Manager decides what goes and what stays. He has to make the final decision before the BCC or anybody else gets to see it. Another question was asked regarding the staff and what would have to be removed, whether it be current employees, or just ones that are projected that can be removed. Chief Page said, both, The additional growth units are unfunded, as well as a current unit. So if they decide to get rid of that existing unit that takes away 6 current positions, 16 J 1 And it would be up to the Board to decide to keep them and put them back into the budget. A question was asked as to when the budget becomes finalized, Chief Page explained that it isn't final until the Board signs off in September. Chief Page asked Chief McEvoy to give an update on the taxing situation that is currently out there. Chief McEvoy stated that from what he has been following the House and Senate are still in conference trying to compromise and be sure they have identical bills to put on the governors desk, There has been some give and take on both sides. It seems that there will be some loss of revenue, but the degree of that loss is still to be seen, Chief Page stated that if the tax reform goes through it will be a lot harder to keep the budget at a 6% increase, It was also stated that the special districts have been taken off the table and will not be exempt. Chief Page also wanted to bring up that he met with Physicians Regional regarding their inter-facility transporting and the billing issues with that. The agreement that they came up with was, when one of their two hospitals arranges for a transport to the other hospital, we would be allowed to bill the hospital directly that the patient is leaving from. He wanted to bring this up especially to Gail Dolan in hopes something similar can be worked out through NCH, The reason for this agreement is because most of these types of transport are not covered by Medicare, and they are consistently being denied. And this agreement is an incentive for them to not utilize this unless they have to, Helicopter: The helicopter is currently in Louisiana for its 800 hour maintenance, Which means that we are relying on mutual aid from Lee and Broward counties for air transports. There were some unexpected issues found, and they are working on them now, It is expected to return from service in mid-May, Billing: Chief Page stated that he has a meeting with the Deputy County Manager tomorrow regarding the possibility of out-sourcing the billing department. Currently we don't have adequate staff required to keep up with the amount of transports we have each year. The coding component is the most time consuming. Currently we are about a month out from date of transport. Which means that from the date of transport it takes us a month to generate a bill. Our ordinance requires us to keep that within a three week window. The concern is that the faster we can generate a bill, the higher collection rate we will have, We have been meeting with a group called ADPI, who's a major company in Florida in the ambulance billing world, They handle most of the ambulance billing within Florida and that allows them to do things faster. Currently our department can handle approximately 40 transports a day coding them, and ADPI can handle 1,000 a day. The idea is that we will be able to get a bill out within a week of the date of transport, For our billing department that means that we may keep 2-3 positions on staff, and out-source the rest. Chief Page stated that when we have more updated information, we would pass it along, SPEAKERS FOR PUBLIC COMMENT: B 8 1611 There are no registered speakers. BOARD MEMBER DISCUSSION: Nancy requested a copy of the Patient Reports that staff fill out, and what information and questions are required, Chief Page said that he would be able to provide her with a blank copy for her review, Chief McEvoy wanted to say that the article from Best Practices was helpful in getting the Auto Pulse machines for his engines, When his board wanted more information on why they were helpful, he was able to show them the article that was printed regarding our teams using them. Hopefully soon all of his engines will be equipped with one. The next meeting will be held on May 23, 2007, The meeting was adjourned by Vice Chairman Nancy Lascheid, Respectfully Submitted, Jennifer Florin B 8 AGENDA Revised 16/189 COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M" THURSDAY, MAY 3, 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 INFJala PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OFHalas THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD~enning~ OF COUNTY COMMISSIONERS IF APPLICABLE, Coyle_ ~ Coletta _ 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, RFCE:IVt:: 4PR, '~D T Ii 2.n 1(J;i(fi" '. dOl u. C Oijnt~ ,', '.-Olhrniss1o flers 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~Mt:MEETING; MARCH 29 2007 GMP MEETING C orres 6, BCC REPO~T- ~CAPS - APRIL 10,2007, REGULAR MEETING Date-k.~ item #_Lw.l (61 7, CHAIRMAN'S REPORT 8, ADVERTISED PUBLIC HEARINGS ".c;;' A. Petition: PE,2006,AR-I0551, DeVoe Family Limited Partnership II, represented by Sandra Bottcber ofQ, 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 so nth of Solana Road, in Section 22, Township 49 South, Range 25 East Collier County, Florida, (Coordinator: John,David Moss) B, Petition: PUDZ,2006,AR,l 0698, A. Grover Matheney, Trustee, represented by R, Bruce Anderson esquire, of RoetzeI & 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/Immokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, (Coordinator: Kay Deselem) 1 16 11Dq C, Petition: PUDA,2006,AR-I0916, Grand Inn of Naples, lnc" 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 Vse Center PVD 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 4119/07 D. Petition: PUDZ,2005,AR,8379, Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc" is requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPVD) zoning district for project to be known as Boxwood RPVD. 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 Varnadoe, Esquire, ofCheflY. Passidomo, Wilson & Johnson, LLP, is requesting a rezone from the Agricultural (A) zouing district to the Mixed-Vse Planned Vnit Developmeut (MPVD) 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 5117/07 F. 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 CPVD, by creating a PUD Document and Master Plan, proposing medical and professional offices and non,comrnercial 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) 9, 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) B. Update from Joe Schmitt regarding requirement for second NIM meeting (Coordinator: Joseph K, Schmitt) 10, NEW BUSINESS I 1, PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN 5/3/07/CCPC Agenda/RB/sp 2 16/1 biD AGENDA - ~i' , ,,' '. 1 t./ h"' f) , 1;_1,,) COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE May 7, 2007 9:30 AM "H'n, ,;up,f'''>\i/:'ak. BUildin<i'ial~P'n";~..._ Halas /V Henning ,_ Coyle.. ,__ Coletta /,~__,.... Collier County Communi tv Develocment Services 2800 N. Horseshoe Naples, FL 34104 Conference Room #609 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. Reaular Meeting I. Call to Order II. Roll Call III. Complaint Report - Michaelle Crowley IV. Approval of Agenda V.. Approval of Minutes: April 21d, 2007 VI. New Business: A. New Application: 1. Mexi Medical Transportation ~ New eTO 2. Charles Limousine Services - NeweTO 3, AA # 1 Taxi Cab - New CTO 4, J - Limo - New CTO 5. Sunshine Transportation, LLC - New eTO 6. Palm Air - Review Renewal 7. J. poelker Trans. Servo DBA Apple Transportation VI:.. Discussion: VII.. Speakers VIII. Next Scheduled Meeting Date: June 4, 2007 IX. Adjourrunent Mise C,~rris, }--[sr OateJ:j ( , Item# 1(0 I 113 lu -1.1 1611 811 -, 'l; ~-, . " :t.,,<~' FOREST LAKES ROADWAY AND URAINAGE M.S.T.U. ";:-/," May 9,2007 Fiala ~'lAY Halas ~~/ Henning_ V Coyle ~ Coletta t/ i.'",'.,' ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Aaenda I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes- April 11, 2007 V. Transportation Services Report A. Budget- Caroline Soto B. Project Manager Report- Darryl Richard VI. Old Business A. Bond Issue Project VII. New Business VIII. Public Comments IX. Adjournment The next meeting will be on June 13, 2007 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 ~A~::~t'rlw Ilem# ltu T I Po 11 Cap;es to 16/11 811 FOREST LAKES ROADWA Y AND DRAINAGE M.S.T.U. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 April 11, 2007 Summary A quorum was established. The minutes and agenda were approved. V. Transportation Services Report A. Budget- Lisa Hendrickson George Fogg moved to approve $3,000 for a change order for Kyle Construction. Second by Bob Jones. Motion carried unanimously 3-0. George Fogg moved that Darryl Richard review the 2005-2006 amounts remaining and transfer any balances not needed, to the 2007 fiscal year. Second by Bob Jones. Motion carried unanimously 3-0. B. Project Manager Report- Darryl Richard Darryl Richard distributed a letter of "Stop work" and the Wilson Miller bill (see attachments). The work was stopped because the original swale allowing for southern water flow was removed for the Golf Course which created northern water flow; Malcolm Pernie suggested a less expensive resolve to the problem over what Wilson Miller was working on. George Fogg moved to authorize staff to determine ownership from Pine Ridge Road down to Forest lake Blvd. with a survey and research not to exceed $6,000. Second by Bill Seabury. Motion carried unanimously 3-0. C. Review of Application for Committee Member George Fogg moved to recommend to the Board of County Commissioners the appointment of Harold Bergdoll as an MSTU Board Member. Second by Bill Seabury. Motion carried unanimously 3-0. 1 1 6 111 B 11 FOREST LAKES ROADWAY AND DRAINAGE M.S:r.U. ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 April 11, 2007 Minutes I. The meeting was called to order by Chairman Bob Jones at 10:03 a.m. II. Attendance Members: Virginia Donovan (absent), George Fogg, Robert Jones, William Seabury County: Darryl Richard- Project Manager, Caroline Soto- Management Budget Analyst Others: Chris Tilman- Malcolm Pirnie, Michelle L. S, Guerrero- Mancan III. Approval of Agenda Add: Line item "V. Transportation Services Report, C, Review of Application for Committee Member" George Fogg moved to approve the agenda as amended. Second by Bill Seabury. Motion carried unanimously 3-0. IV. Approval of Minutes- March 14, 2007 and Special Meeting March 22, 2007 Add Sharon Newman to the attendance for the March 14, 2007 minutes, George Fogg moved to approve the March 14, 2007 minutes as amended. Second by Bill Seabury. Motion carried unanimously 3-0. George Fogg moved to approve the March 22, 2007 special meeting minutes. Second by Bill Seabury. Motion carried unanimously 3-0. V. Transportation Services Report A. Budget- Lisa Hendrickson 1 16/1 B!l Caroline Solo distributed and reviewed the budget report (see attachment). Darryl Richard mentioned that there is a request for a change order for Kyle construction to close out the PO for around $2,500. George Fogg moved to approve $3,000 for a change order for Kyle Construction. Second by Bob Jones. Motion carried unanimously 3-0. Darryl Richard mentioned that there are open PO line items that need to be closed out. George Fogg moved that Darryl Richard review the 2005-2006 amounts remaining and transfer any balances not needed, to the 2007 fiscal year. Second by Bob Jones. Motion carried unanimously 3-0. It was noted that the corrections will allow for more funds to be available for the future project. B. Project Manager Report- Darryl Richard Darryl Richard distributed a letter of "Stop work" and the Wilson Miller bill (see attachments), The work was stopped because the original swale allowing for southern water flow was removed for the Golf Course which created northern water flow; Malcolm Pernie suggested a less expensive resolve to the problem over what Wilson Miller was working on, Chris Tilman added that the project will need to commence to the South moving to the North for proper water flow. The "Forest Lakes MSTU Master Project List", "Collier County Forest Lakes MSTU Financial Time Table Limited General Obligation Bond, Series 2007", "Forest Lakes MSTU Master Project Schedule", and "Project Manager Report" were distributed (see attachments). Discussion ensued on how the Bond Issue Projects will be done. Darryl Richard mentioned that a Survey and Ownership Encompassing report is needed for the sign entrance property next to the Publix Plaza in order to find out where the landscaping is located and who holds the responsibility of maintenance. 2 16/1811 It was suggested that if a sign has been on a property for a large duration of time that the sign owner can claim the land, George Fogg moved to authorize staff to determine ownership from Pine Ridge Road down to Forest Lake Blvd. with a survey and research not to exceed $6,000. Second by Bill Seabury. Motion carried unanimously 3-0. C. Review of Application for Committee Member Harold Bergdoll's application was distributed (see attachment), Bill Seabury and Bob Jones recommended him. Darryl Richard mentioned that Harold Bergdoll was unable to make it to the meeting today. George Fogg moved to recommend to the Board of County Commissioners the appointment of Harold Bergdoll as an MSTU Board Member. Second by Bill Seabury. Motion carried unanimously 3-0. George Fogg mentioned that the swale behind Woodshire is not flowing due to silt. Darryl Richard agreed to notify Shenandoah to take care of the issue brought forth by George Fogg. He will give them a specific time to take care of the issue or he will contact the secondary company. Darryl Richard mentioned that quotes on overlays were requested to be revised with fixed quantities; they are due this day, Bob Jones requested that the paving start from the back of the Community due to traffic movement. Darryl Richard also agreed to request that Shenandoah evaluate the pipe around Lake 10. Bob Jones mentioned that he has requested that the Golf Course purchase an articulated mower to properly maintain swales. George Fogg requested an aerial picture showing lake elevations and labels, Discussion ensued on how the project will be done. 3 16/ Ii!]] VI. Old Business A. Bond Issue Project Previously covered. VII. New Business VIII. Public Comments There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :41 a.m. The next meeting will be on May 9,200710:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 4 P 8116 I l-.....?ll Board of County COlllmissloners 3301 EoIot T_....I T..U NlpI.., FL 341lZ (2n) 174-80" F..: lUll) 774-3fiOZ f(...tl~' \~ ,.... .~, ' - , ". . 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FAX 239,213,5899 April 5,2007 Altn: Craig Pajer, P,E. 3200 Bailey Lane Suite 200 Naples, Florida 34105 Attn: Craig Pajer RE: Stop Work, Work Order # WMI-FT -3980-47-41 Project: Forest Lakes MSTU - Gravity Sewer to the Gordon River Purchase Order Number: 4500074178 Dear Mr, Pajer: This lelter serves as Collier County's official StoD Work to for the above referenced Work Order # WMI-FT -3980- 07-41 Please see attached referenced (4/512007) Report received from WilsonMiller as delivered today in reference to Task Items and percentage complete. Please submit any outstanding invoices as per this report, The effective Stop Work Date of the project is Thursday. AprilS, 2007 (5:00 PM local) ~~ Darryl Richard, RLA, ASLA Project Manager cc: Rhonda Cummings, Contract Specialist, Purchasing Department Diane Flagg, Director, Alternative Transportation Modes Department Gloria Herrera. Budget Analyst, Transportation Division Sharon Newman, Operations Support Manager, TranspolIalion Division c " [~~ < c April II, 2007 16/ f .917 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes FOREST LAKES MSTU Proiect Status (F-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 comer of Woodshire & Pine Ridge? 03-22,07: Staff requires survey indicating location of trees prior to issue of Work OrderlPurchase Order to trim trees. Determination of ROW needs to be made through survey, (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 fmance bond issue, Alternative funding through a Bank will be reviewed, 1-17-07: Meeting with Chairman & staffto discuss priority project list and finance items 2-14-07: Bond Issue funds are anticipated to be available after April I, 2007, Committee request to see break,down of Cost for bond issue for next meeting, 3-14-07: PFM will be attending the meeting 3-23-07: PFM sends "Schedule" for bond issue, Staff confirms project list and schedule, (F -28) - ACTI V E (POC: Darry I 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-]9-07: 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 pemnie - under review 4-10-07: Quotes for Overlay Project #1 have been reviewed, Contractors have been requested to confirm unit cost for quote, 1 I 1611 811 (F,27) - ACTIVE (POC: Tessie SiIIery)' 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 Turn" 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 GOIN(i (POC: Tessie SiIIery) - Maintain signage 11-08-06: Fogg moved to utilize annual contractor - maximum $10,000,00 1-29-07: Requested estimate. 2-14-07: PO for annual maintenance in amount of$IO,OOO.OO requested, 3-13-07: PO emailed to Lykins for ongoing maintenance (F-25) - ACTIVE ON GOING (POC: lessie SiIIery)' 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,23) ACTIVE, ON GOING (POC: ressie SiIIery) - 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 to Shanendoah 3,15,07: Shenandoah contacted to de,silt Woodshire Ditch, (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 4-5-07: Stop Work Issued for Gravity Flow System Project. Project is under review by Malcolm Pirine, Collier County Storm water Department (Oversight - In House), and Department of Alternative Trans, Modes, 2 1611 PI } 1 (F,16) -ACTIVE,ON GOING (POC: Tessie SilIery),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 4-4-07: New Quote received from Lake Doctors (F,15) ACTIVE,ON GOING (POC: Tessie SilIery) - 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, 3-16-07: Southern Services Contacted to mow up to Forest Lakes Blvd, (F-17) , COMPLETE, 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 2006,20 I - consent agenda -bcc 9-12-06 9-12-06: BCC Approved Bond Resulution, Approval by voters on November 7, 2006 required, 11-08-06: Confirmation from Scott Teach that Bond Issue has been approved by Voters (F,24) -COMPLETED - 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,17) ,COM I'LL rl, Water Flow Data Loggers (and related request for verification of water levels throughout the Forest Lakes Community) 7,22,03: Purchase Order for $6,000,00 Project Cost ($2,000,00 installation and $4,000,00 material) issued to WilsonMiller for installation of water, level recorders, 3,3-06: Gordon River Outflow Meeting with: Clarence Tears, SFWMD; Eugene Calvert, Director Stormwater Dept.; Jerry Kurtz, Stormwater Dept.; Darryl Richard, MSTU Project Manager; and Craig Pajer, Consultant, WilsonMiller. Clarence Tears states in meeting that if the Forest Lakes MSTU can provide data that the lowering of the Gordon River Outflow Weir Structure (to allow for better flow of water from MSTU) is justifiable that the SFWMD would consider such a proposal to lower the outflow level at the weir structure. 3,6,06: Request sent to WilsonMiller (Criag Pajer) to verify the operational status of the water level recorders. 3,30,06: Request sent to WilsonMiller for verification related to the warranty of the recorders and location and operation of the recorders, 5-11-06: Staff Project Manager Darryl Richard request all data related to the installed recorders and status of the recorders and data obtained, 3 16/J 811 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, Estimated cost of product and installation of such a system is $40,000,00, Vendors were reviewed for type of product offered: Campbell Scientific; Hydro lab Products; and YSI Products, Engineering Consultation was recommended from County Storm water Dept. and from SFWMD for installation and continuous monitor of system and data collected, The possibility of tie into the existing SFWMD data base collection system was mentioned, (F-19) - COMPLETE - Asphalt Repair (3 mobilizations) Pot hole repair and other ($25,000) 8-18-06 - Bonnes to pick up WO 8-21-06 - waiting on bonnes signature 8-22-06: Bonness signed WO; issue of PO pending. 8-31-06: PO sent to Bonness; 9-19-06: Bonnes confirms that repair areas are marked and areas are approved by Project Manager, 10-18-06: Bonness crews are onsite making repairs to pot,holes (I" mobilization), On Monday 10/23/06 Bonness will re,mobilize for additional repairs. 10-31-06: Bonness Paver repairs completed, (F,22) COMPLETE - Obtaining Additional Scope of Services for Annual Consultant; at the request of Committee Chairman and A TM Department Director Liason Staff is obtaining alternate Scope of Services from Collier County Annual Vendor List and other private sector Engineering Firms. 10-5-06: Request for Scope of Services sent to annual vendors on Engineering Annual Contract. 11-7-06: List of Firms submitting quote recorded, Staff recommends Special Meeting for review of proposals, (F-24) COMPLETE - MSTU Committee directs staff to meet with SFWMD concerning the installation of water level recorders. Meeting is to have Dept. Director Diane Flagg, Project Mananger Darryl Richard, Consultant Craig Pajer, Clearance Tears SFWMD, Eugene Calvert, Dir, Stormwater Dept, and one representative from Forest Lakes MSTU Committee (recommended was Chairman Bob Jones). 10,12,06: Committee directs statfto 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-21 b)- 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)- COMPLE fE -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, 8,2 I ,06 - Pending Quote from Shenandoah - annual 4 1611 811 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-gradinglCutting of ROW Edge & Sod Installation 8-9-06 - Committee approved up to limit ~ pending Quotes coming in, 8-21-06 - WO # assigned and to be picked up by Bonness (4, 962,64) 9-1,06: WO returned from Bonness and forwarded to Gloria Herrera for review/Sharon then to Norm Feder 9,12,06: Need approval for $4,962,64 for project. 9,13,06: Committee selected not to approve necessary funding for project. (F-12) COMPLETE - Committee member Roger Sommerville reI. to Swale #15 and nearby Lake; Liason Staff Project Manager and Consultant to review project to determine any outstanding items and also the level of the Lake in relation to the swale level. 8-31-06: 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-IO) ,COMPLETE, Pump System Repair - Emergency repair of Forest Lakes Pump System on 7/28/06, 7-28-06: Florida Irrigation Supply (FIS) repairs pump system for Forest Lakes as an emergency call for $600.00, 8-02-06: Purchase Order issued to FIS for repair cost. Invoicing is to Forest Lakes MSTU, 8-10-06: FIS invoice for $800,00 exceeds quote, Staff request FIS to re-invoice for correct amount. (F-9) ,COMPLETE, Lake # 6 - Villas Drainage Improvement, Craig Pager - County Attorneys - To determine ifthe project scope is within the authorization ofthe 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 5 16/ ~' 811 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 In spec it on, 6/12/06, Project complete - waiting on WM to submit letter of final completion. 627-06 - Project complete - waiting on WM to submit letter offmal 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- fmal completion documentation 8-7-06: Substantial Completion with Punch,list complete (F 3) ~ COMPLETE - Swale # 2 Regrade;m WM has completed design, WM completing Bidding with Annuals. 4,17,06; Work Order for Higgins pending 5,15-06, NTP ~ 5-8-06, DN Higgins - Wilson Miller performing construction observation, 6-12-06 Completed - need report from Wilson Miller 6-27-06 Completed - need report from Wilson Miller 7-12-06 - Craig Pager to meet with Darryl- fmal completion documentation 8-7,06: Final Completion Document Executed (F-2) - COMPLETE - Woodshire Lane Overlay Project - I'. Overlay of Woods hire Lane, Committee Approved $48,000,00 for this project, 5,15-06 - Work Order - picked up by Contractor - waiting for signature, - Contractor schedule - Mid June to begin, ' 5,30,06; Construction to begin on 5-31-06 field meeting to held, 6,27 -06: Completed - and final inspection requested. 7-12-06 - Craig Pager to meet with Darryl- fmal completion documentation 8-7-06: Final Completion Document Executed, (F-I) COMPLETE -Pump Generator- 8,9,06 ' Committee voted to rent a generator if its needed in an emergency 6 16/1 ,QIJ COLLIER COUNTY, FLORIDA FOREST LAKES MSTU FINANCING TIMETABLE Limited General Obligation Bonds, Series 2007 Fe b-07 Mar-07 Apr-07 May,07 Jun-07 S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 1 2 4 5 6 7 8 9 10 4 5 6 7 8 9 10 8 9 10 1112 tl 14 6 7 8 9 10 1112 3 4 5 6 7 8 9 1112 13 14 15 " 17 1112 13 14 " " 17 15 " 17 18 19 20 21 tl 14 15 " 17 18 19 10 1112 13 14 15 16 18 19 20 21 22 23 24 " 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 25 26 27 28 25 26 27 28 29 30 31 29 30 2726 29 30 31 24 25 26 27 28 29 30 DATE (2007) EVENT February 19 February 23 Holiday Distribute Plan of Finance, Timetable, and Distribution List Distribute Support Services Request for Proposal Submit Support Services Recommendation to County Distribute I" Draft of Bond Resolution Distribute I" Draft of POS Submit Comments on Bond Resolution Submit Comments on I" Draft POS Malcolm Pirnie to Provide Final List of Projects Distribnte 2nd Drafts of Resolution and POS Distribute Rating and Insurance Packages Submit Comments on Drafts of Resolution and POS March I March 8 March 16 Marcb 23 Marcb 28 April 3 April 12 April 18 April 23 April 26 May 8 May 10. Receive Insurance Bids May 24 June 12 June 13 Distribute Final Documents Submit Comments on Final Documents Submit Agenda Package BOCC and MSTU Approval of Final Documents Send POS to Printer for Distribution Register with Surebid Advertise Notice of Sale in The Bond Buver List Bonds on The Bond Buver Calendar Pricing Pre-closing Closing LEGEND: Issuer Bond Counsel Disclosure Counsel Financial Advisor Underwriter Engineer Collier County/Forest Lake MSTU Nabors Giblin & Nickerson Bryant, Miller and Olive Public Financial Management, Inc, TBD by competitive bid Malcolm Pirnie · Subject to receipt of 2006 CAFR Public Financial Management, Inc. P ARTICIP ANTS ALL FA FA FA BC DC ALL ALL MP BCIDC FA ALL FA BCIDC ALL COUNTY COUNTY DC COUNTYIFA DC FA ALL ALL ALL COUNTY BC DC FA MP 4/11/2007 . ~ > ~ 3: t.'1j .- )> CJ ;:;~ ::::0 -"S' '" M tj::::: - ~ ,. ~ ...... -::~. t"'V '"'---.t ,-' ~ g :7j .--..J'-j 16 ,11 ~ 11 I Cl' i ml! I"~ ~ II! I r f I .... t · t i I ;;; . n i ~ . c ! - J CD i i I . I ~ ~~ -= ~~~i:= ~ al~I'ta8 Forest Lakes MSTU Master Project List 1611811 Prepared: Thursday, March 22, 2007 Proiect No, Descriotion Estimated Cost 01 Construction: Install gravity storm sewer from PS to Gordon River $315000 02 Construction: Forest Lakes Blvd. relief sewer to Lake 10 $140000 03 Construction: Quail Forest Blvd. North Entrance grading and paYing $125000 04 Construction: regrade Swale No, 6. Total regrade length aDDroximately 1,500 L.F, $68 000 05 Construction: regrade Swale NO.1, Total regrade lenath aooroximatelY 1,250 L.F, $63 000 06 Construction: regrade Swale No.3, Total regrade length approximate y 300 L.F, $17000 07 Construction: rearade Swale No.4, Total regrade length approximate y 570 L.F, $32 000 08 Construction: regrade Swale No, 12, Total regrade length approximately 2700 L.F, $130000 09 Construction: regrade Swale No, 13, Total regrade lenath approximatelv 700 L.F, $32.000 10 Construction: regrade Swale Nos. 14a and 14b adjacent to Emerald Greens, Total regrade $148,000 length approximatelY 2 800 L. F. 11 Construction: regrade Swale No, 11, Total regrade Ienath aooroximatelv 1 500 L.F. $57 000 12 Construction: reorade Swale No, 9. Total reorade lenath aODroximatelY 600 L.F, $33,000 13 Construction: regrade Swale No, 8. Total regrade leneth aODroximatelY 1 100 L.F, $57 000 14 Construction: Sinale Familv Area - Side Yard Swale Grade/Road Cross Drains $1 050 000 15 Construction: New Storm Sewer Outfall at Fairwavs at Emerald Greens $150000 16 Construction: OYerlay Forest Lakes Blyd. and cul-de-sacs throughout Single Family Area $610,000 17 Construction: Rebuild Woodshire Lane from Pine Ridae Road to Sinale Family Area $1 220 000 18 Construction: Overlay Quail Forest Blvd. from GC Clubhouse to southern end $606,000 19 Construction: OYerlay Forest Lakes Drive and side streets from Forest Lakes Blvd, to south $295,000 end PROJECTS SUBTOTAL $5,148,000 CONTINGENCY (10%) $514,800 BOND ISSUE PROJECTS TOTAL $5.662,800 Note: All cost based on previous estimate from WilsonMiller RECEIVED MAR 2 2 2007 TransportatIOn ATM Dept. ~llll:.l NNN""~NNN"'''''''''_'''' .....CllUI...WN....OIID.....ChUl :;:c:~::::CC)ClD -Imm-l-lo-oorr~m~o-mom ~m~cc~~)>~~-ImGl~~mrO-l~~-IZ OOOO)>OO)>y~ m~ mZ oo~-m~Gl mmZGlGlZZ~~O~m)>z-Ig-lm~~m~ ~~OOmmOOOO)> )>~rOO-~~~m ~m <<~-I-I~-Ir<~~)>mZ~~oO~~m rnm~-I-I~OO~Z-OOOGlQmo-l~~oo ~0~~00~~~~~~~~~~~8~~ ~ozz ~r-lX -Imz -I~OO)>m oZoooo C>OO~ -~o c)>-IZOO O~-I)> Z~Glm ~~z ~O~O~ Z o~ Z mZ Z-IGl oo-lm~o ~ o~ 0 ZOO GlOO ~~mz zoo m rm~)> ,... r- .." r ~~~~~~~~~~~~~~~~00000 ........ ~ I\JP\JOOO) ..........UltnO.llo ...... ...... ~-"'Q,Co-"'OWlnUlO 0000000000 0000000000 0000000000 0000000000 ~ ~ "'w'" (,,0)0(.,.)0, 0000 0000 0000 0000 ~000~000~00m0~~0~00~m ~~ ~ ~ Ol _0> _0> ~J\J J'> 00 -...I...... 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Approval of Agenda IV. Approval of Minutes - April 19, 2007 V. Drainage Report VI. landscape Maintenance Report - ClM VII. landscape Architect's Report - Michael McGee VIII. Transportation Operations Report A. Project Manager Report - Darryl Richard IX. Budget Report A. Budget Committee - Caroline Soto & Bob Cole X. Housekeeping Items A. Open Annual Purchase Order for Emergency Sign Maintenance XI. Committee Reports XII. Old Business XIII. New Business A. Future Projects B. Hurricane Reserve Fund XIV. Public Comments XV. Adjournment The next meeting will be June 21, 2007 at 4:00 PM Collier County Transportation Building/East Conference Room 2885 Horseshoe Dr. South, Naples, FL 34104 Mise, co:rei , I ,(""V Date:~ Item#J&i 1 (61 J- , Copies 10: 16/181'2 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples. FI 34104 April 19, 2007 Minutes I. The meeting was called to order by Chairman Bob Slebodnik at 4:01 p.m. II. Attendance Members: Tony Branco, Robert Cole, Kathleen Dammert, David Larson, Robert Slebodnik County: Darryl Richard- Project Manager, Caroline Soto- Budget Analyst, Tessie Sillery- MSTU Project Coordinator Others: Michael McGee- McGee & Associates, Jim Fritchey- Commercial Land Maintenance, Michelle L. S. Guerrero- Mancan III. Approval of Agenda Add: - Add line item "IX. Housekeeping Items, A. Sign Repair to Monument at US 41 and St. Andrews" Tony Branco moved to approve the agenda. Second by Bob Cole. Motion carried unanimously 5-0. IV. Approval of Minutes - March 15, 2007 Change: Page #4 switch "remainder" to "remaining" and "capitol" to "capital" Page #3 "remain as is" from "will be let" Kathleen Dammert moved to approve the minutes with changes. Second by Bob Cole. Motion carried unanimously 5-0. V. landscape Maintenance Report - ClM Jim Fritchey reported: Landscaping on Doral Circle is complete. 1 - Pebble Beach is complete. 1 6 I 1 'J 1" Plants are being replaced. 2 The bouquet arrangement should be installed soon, David Larson mentioned that the decorative street lights on Doral are too bright. Darryl Richard responded that frosted lights can be installed. It was suggested to have the light lens frosted also. Darryl Richard informed the Committee that Hibiscus Golf Club sent an invoice of $356.97 to Commercial Land Development and if they pay it they will have the opportunity for markup and the sales tax can not be paid by the County, Bob Slebodnik responded that the bill was supposed to be paid by Commercial Land Development and they would bill the MSTU for reimbursement (see XII.,B paragraph #3). VI. Landscape Architect's Report - Michael McGee Michael McGee noted that mulching is needed in certain areas. Bob Slebodnik moved to mulch the road right-of-way areas and medians #1, #2, and #3. Second by Tony Branco. Motion carried unanimously 5-0. VII. Transportation Operations Report A. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachments). He also distributed the quote and tabulation from Hannula on the Augusta Blvd. and Forest Hills Project (see attachments). The difference from what was approved at the last meeting and the lowest quote was $3,260.00. Bob Cole moved that since Hannula's bid jumped to accept the change (as previously discussed bringing the total to $25,908.81). Second by Kathleen Dammert. Motion carried unanimously 5-0. VIII. Budget Report A. Budget Committee - Caroline Soto & Bob Cole Bob Slebodnik again requested that the budget be sent to Bob Cole and himself and least two days prior to the meeting. 2 Caroline Soto agreed to email the report out prior to thJ m~lnJ lJJ 2 then distributed and reviewed the budget report and the "Org Code Expenditure FY 2008 Service Level Analysis Report grouped by Business Center, Account Major" (see attachments). There may be a change under line item "Transfer". It was requested to have confirmation that the $25,000 transfer was completed. Bob Slebodnik read from the January minutes demonstrating that the funds have been transferred as the motion read, Bob Cole moved to transfer $10,000 from "Incidental" to "Other Contractual", Second by David Larson. Motion carried unanimously 5-0. Darryl Richard mentioned that the "FOOT Intergov Rev" line item reflects the Grant. He will follow up on verifying the remainder of the balance. Having reuse water for Doral Circle was discussed. Michael McGee added that it would take new connections and it could be costly. Darryl Richard will monitor the water usage on Doral Circle and do a cost analysis, IX. Housekeeping Items A. Sign Repair to Monument at US 41 and St. Andrews Bob Slebodnik noted that a palm frond fell and took the border off of the sign at St. Andrews. Darryl Richard distributed a quote of $1,140.00 from Lykins for the sign repairs (see attachment). He has requested a revised quote including a deflector plate to prevent future sign damage. Tony Branco suggested finding out what the affects of a deflector will have on the sign (such as shading). Bob Cole moved to pay Lykins $1,140 to repair the sign on St. Andrews and US 41. He amended his motion to include having Lykins provide information on a deflector plate. Second by Bob Slebodnik. Motion carried unanimously 5-0. Tony Branco would like Darryl Richard to make sure Lykins understands that timeliness is of importance. He would like a way to handle these type of emergency situations without having to wait a month for an MSTU meeting, Tessie Sillery mentioned that an Annual Purchase Order for sign maintenance to cover emergencies can be opened. 3 16/1 R12 Tony Branco suggested monitoring how well Lykins does on the sign to decide at the next meeting if an Annual Purchase Order should be opened. X. Committee Reports None XI. Old Business Bob Slebodnik suggested having a representative attend the MSTU meeting to address how the storm water Lely project will affect the MSTU area, Darryl Richard mentioned that it should not have any affect until 2010. He asked that Bob Slebodnik send an email to make the request. XII. New Business A. Future Projects Michael McGee mentioned that the palm replacement project was projected to be $56,000 a few years ago. David Larson reported that Coastal Concrete let him know that there is no way to get equipment in on the Doral fence area that faces Rattle Snake Hammock to put in a concrete fence on County property. The estimated price would be around $40,000, Discussion ensued on the possibilities of having the wall put in. Darryl Richard agreed to look into the current status of the proposed project. It was requested by the Chairman for Committee Members to bring to the next MSTU meeting a list of proposed beautification projects for future consideration. B. Hurricane Reserve Fund It was suggested to create a fund to be slowly built up to allow for full replacement if a hurricane demolishes all of the vegetation. Michael McGee suggested utilizing the line item "Improvements General to hold the funds for hurricane vegetation replacement. Jim Fritchey announced that a bill will be sent to the MSTU in the amount of $360 to cover the agreement made with the Hibiscus Golf Club for the plumbing connection on the Pebble Beach Project. 4 1611812 Michael McGee suggested that it is possible to put up the concrete fence on Doral Circle within the MSTU boundary to start a standard for the area, C. Drainage Previously covered. XIII. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:40 p.m. The next meeting will be May 17, 2007 at 4:00 PM Collier County Transportation Building/East Conference Room 2885 Horseshoe Dr. South, Naples, FL 34104 5 16/1 812 GOLF ESTATES BEAUTIFICATION MSTU ADVISORY COMMITTEE 2705 Horseshoe Drive South Naples, FI 34104 April 19, 2007 Summary A quorum was established the minutes and agenda were approved. V. landscape Maintenance Report - ClM Darryl Richard informed the Committee that Hibiscus Golf Club sent an invoice of $356.97 to Commercial Land Development and if they pay it they will have the opportunity for markup and the sales tax can not be paid by the County, Bob Slebodnik responded that the bill was supposed to be paid by Commercial Land Development and they would bill the MSTU for reimbursement (see XII.,B paragraph #3). VI. landscape Architect's Report - Michael McGee Bob Slebodnik moved to mulch the road right-of-way areas and medians #1, #2, and #3. Second by Tony Branco. Motion carried unanimously 5-0. VII. Transportation Operations Report A. Project Manager Report - Darryl Richard Darryl Richard distributed and reviewed the report (see attachments). He also distributed the quote and tabulation from Hannula on the Augusta Blvd. and Forest Hills Project (see attachments). The difference from what was approved at the last meeting and the lowest quote was $3,260.00. Bob Cole moved that since Hannula's bid jumped to accept the change (as previously discussed bringing the total to $25,908.81). Second by Kathleen Dammert. Motion carried unanimously 5-0. VIII. Budget Report 1 A. Budget Committee - Caroline Soto & Bob Cole 16/1 B12 Bob Cole moved to transfer $10,000 from "Incidental" to "Other Contractual". Second by David Larson. Motion carried unanimously 5-0_ IX. Housekeeping Items A. Sign Repair to Monument at US 41 and Sl Andrews Bob Cole moved to pay Lykins $1,140 to repair the sign on St. Andrews and US 41. He amended his motion to include having Lykins provide information on a deflector plate_ Second by Bob Slebodnlk. Motion carried unanimously 5-0. XII. New Business B. Hurricane Reserve Fund Jim Fritchey announced that a bill will be sent to the MSTU in the amount of $360 to cover the agreement made with the Hibiscus Golf Club for the plumbing connection on the Pebble Beach Project. Michael McGee suggested that it is possible to put up the concrete fence on Doral Circle within the MSTU boundary to start a standard for the area. 2 Page 1 of 1 RichardDarryl 16/1812 From: Tony Lykins [tony@lykins-signtek,com] Sent: Thursday, April 12, 2007 1:05 PM To: RichardDarryl Subject: Andrews - Leiy Entry Copy Just so happens my brother was in Lely resort, He checked it out and determined the entire arched piece would need to come down and be re-Iaminted to properly repair. This is no problem, He can re-cut new trovicei, repair, reinstall and it will look same, $1,140,00 plus tax, Let me know, Thanks, Tony PS Immokalee signs got installed Tuesday, 4/19/2007 1 6 I 1 B 1~2 0fI C.... Expenditure FY 2001 Servic. Le..1 Analy.i. R.port trouped by Bu.in... Canla" Account Majo' Collier Countv Government Fiscal Year 2008 FY 2007 Adopted "io Cl1ange Object Code and Account NanH'! FY;t006 Actulll FY:2007 Adopted F'{ :2007 AnnualizQ(] FY 2008 Current [' 10 T,an.lIOrtatlon Divi.ion ~ I.. o,.ralInt E_~ 112541-112 LeIv Gulf E---- ...utffication 631403 Engineering Fee Other Ae Fee 634970 Indirect Cost Reimbursement 634990 Landscape Incidentals 634999 Other Contractual Services 643100 Electricity 643400 Water And Sewer 645100 Insurance General 646311 Sprinkler System Maintenance 646318 Mulch 646320 Landscape Materials 646451 lighting Maintenance 646666 Hurricane VVilma 10/05 Operating Expense 647110 Printing And Or Binding Outside Vendors 649990 Other Miscellaneous Services 652310 Fertilizer Herbicides And Chemicals 652990 Other Operating Supplies 652992 Electrical Contractors 162541~152lely Gulf Estates Beautification 60 Operating Expense 170 Capitol Outlay I 112541.152 Lelv Gulf EsllltH ".unfie.tion 763100 Improvements General 162541-152 Lely Gulf Estates Beautification 70 Capital Outlay 1.1 Tran.Ie.. ~ '21010.152Interfund Trans'''' . Bee 911110 Transfer To Unincorp. Cnty Msld General Fd 111 929010-1521nterfund Transfers - Bee 91 Transfers 1.3 Tran.Ie.. to C';".litutional Offic... ~ "1010.152 Trlln-'ers - Etect8d Office,.. 930600 Budget Transfers Property Appraiser 930700 Budget Transfers Tax Collector 959010-152 Transfers - Elected Officers 93 Transfers to Constitutional Officers I.. ........... . '11010.152 .....rws 991000 Reserve For Contingencies 919010-152 Reserves 99 Reserves 10 Transportation Division ".port Tou' 11,089 5,900 o 67,532 956 1,749 300 436 5,214 o 100 25,512 22' 2,222 1,987 146 2,177 125,548 121,141 55,973 55,973 11,113 21,400 21,400 21,400 1,860 5,564 7,423 7,42:1 o o . 210,344 210,144 7,000 6,400 o 55,800 1,000 5,700 300 1,500 8,000 16,600 8,800 o 200 3,000 2,500 o o 116.800 111,100 246,600 246,600 2"",100 21,400 21,400 21,400 2,600 7,400 10,000 10,010 55,200 55,200 II,'" -,- -,- 7,000 6,400 o 55,800 1,000 5,700 300 1,500 8,000 16,600 8,800 o 200 3,000 2.500 o o 116,800 111,100 150,000 150,000 1SO,000 21,400 21,400 21,400 2,000 6,700 8,700 1,700 o o . 2",100 -.... 7,000 6,400 25,000 71,000 6,000 6,000 400 4,000 12,000 16,600 10,000 o 500 6.000 4,000 100 o 175,000 171,000 272,200 272,200 272,200 26,700 26,700 21,700 2,200 7,900 10,100 11,100 23,800 23,800 21,_ 107,1Ie 107,11I FY 200B Expanded FY 2008 Total o o o o o o o o o o o o o o o o o o . 7,000 6,400 25,000 71,000 6,000 6,000 400 4,000 12,000 16,600 10,000 o 500 6,000 4,000 100 o 175,000 175,000 0.00 0,00 100.00 27.24 500.00 5,26 33.33 166.67 50,00 0.00 13.64 0,00 150.00 100,00 60,00 100,00 0.00 49.83 41.13 10.38 10.38 10.3' 24.77 24.77 24.77 -15.38 676 1.00 1,00 -56.88 -56.88 -R.II 12.14 12.14 o o . 272,200 272,200 272,200 Gov". 411/2007 o o . 26,700 26,700 21,700 o o o . 2,200 7,900 10,100 10,100 o o . . 23,800 23,800 n,1OO 107,100 . 117,HO 0rlJ Code Revenue FY 2001 Service Level Anllyeis Report grouped by Business Cen." Account MIjo, CoJljer Coun(v GOVAmment Fiscal Year 2008 FY200l Adoptt::lj % CI"lange Object Code and Aecount Name 1611B12 fY ZOO& A,;tuai Fi 2001 Adoptt)d F'<'20()8 FY 2008 Total F'f ;;:007 FY 200e b:pilndl~d Current Annu<)lizod fHi';~~ 112"'.112 Lelv (lull EatatiH ".utiflciltion 311100 Current Ad Valorem Taxes 3.1310 Sales Of Bid Documents 361320 Interest Tax Collector 369130 Ins Co Refunds 162541-152lely Gulf Estates Beautification H1010-1I2 Intarnt Income Bee 361170 Interest Sba 361180 Investment Interest 361185 MARKET ADJUSTMENT 989010-152 Interest Income Bee 30 Revenues I 140 T'lns,.... Contributions "1010-112 "...rv.. 489200 Carryforward 489900 Negative 5% Estimated Revenues 919010-152 Reserves 151010.112 Trlln.te,. - Elected Office,.. 486600 Transfer From Property Appraiser 486700 Transfer From Tax Collector 959010-152 Transfers - Elected Officers 40 Transfers & Contributions 10 Transportation Division Report Total 10 fran.port.ion Divi;k;':;--l 228,211 297,800 286,100 315,700 0 315,700 6.01 80 0 0 0 0 0 000 25. 0 300 0 0 0 0,00 20,007 0 4,900 0 0 0 0,00 248,556 297,800 291,300 315,700 0 315,700 6,01 2,631 0 0 0 0 0 0.00 8,174 0 10,000 0 0 0 0,00 -617 0 0 0 0 0 0.00 10,187 0 10,000 0 0 0 0.00 211,743 217,1OG 301,300 311,700 . 311,700 1.01 0 167,100 200,700 207,900 0 207,900 24.42 0 -14,900 0 -15,800 0 -15,800 604 0 152,200 200,700 192,100 0 192,100 26,22 311 0 0 0 0 0 0.00 2,782 0 2,800 0 0 0 0,00 3,093 0 2,800 0 0 0 0,00 3,013 112,200 203,100 112,100 . 1'2,100 21.22 211,137 410,000 104,100 507,100 . 501,'00 12.14 211,"7 4IO,DOO 104,100 501,100 . 107,100 12.1" GOII.... 41112007 . i! . ~ ~:!!: ~.:i: I ! *}- ,1 . g!';'lil''''GII~io. .-'; g . i;~.o~' ih 00;;1 ~.f lijh-,il,N; .N ~ ~ . 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N ~c: ~ ......~~b~m~~-..JVJ~~tt~~~ ~ n!!. ~~~o88~8~m~g~~ffiVJ~~8 m ~~mooomow~ooo~oo~~m ~ WONOOOOlOCDNOOCONOCD......-..JCO 0 B'12 )> "5l "'11 ~ ::C.... ....Z-< .!DO:!: N....cn OUl-t ONC ..... 16/1812 April 19, 2007 Prepared by: Darryl Richard, Project Manger, Collier County Department of Alternative Transportation Modes Tessie Sillery, Operations Coordinator, Collier County Department of Alternative Transportation Modes Lelv MSTU Proiect Status (L,29) -ACTIVE -{POC: Tessie Sillery) - Median Re,Painting By Road & Bridge; As per Committee Request on 11-16-06 Road & Bridge needs to paint "4" numbers at each median opening, 12-20,06: No action taken by Road & Bridge to date, Road & Bridge contacted pertaining Committee request to paint curbing, 2,14,07: Painting not done by Road & Bridge 3,15-07: R&B supervisor (Don) will meet witb staff to make sure the location of #'s 4-17-07: Meeting with Road & Bridge crew to start project on April 23, 2007 with Don Champlin, (L-22) ,ACTIVE -(POC: Darryl Richard): (PROJECT PRIORITY #4 AS PER 11-17-06 MEETING) Angusta 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 11 is completed, 7,18-06: Committee has placed project on hold until phase 11 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,OO for total project. MSTU Commitment for project estimated by McGee as $15,000,00; Committee Action is required to move project forward, 12-14-06: MSTU Committee selects to include golf cart crossing area into project, 1-17-07: Meeting with Golf Course Superintendent Allan Cooper to review project. 1,18-07: Golf Course Superintendent is reviewing project. Portion of project is outside of ROW. Portion of project outside of ROW requires Landscape Maintenance Agreement. One (1) Spare valve is available for use by the MSTU for project. 2-14-07: Request for Quote sent out - deadline March 9"', 2007 3,15-07: Committee to review quotes and select lowest quote, 4,10-07: Hannula is apparent low quote - Committee approval pending for $25,908,81 (L-30) - COMPLETE, (pOC: Tessie Sil1ery) 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..,!!! 3,17,07: Flags installed - re-order will be on an as needed basis, County replacement flag is on order. (L-25) -COMPLE rE -(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, 1611' 8'12 - 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: (I) need 2 separate valves for irrigation on each side of road; (2) need confirmation of energized mainline 24 hrs 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, 3-14,07: Golf Course installing irrigation - 50% complete 4-10-07: Project Complete (1.,24) -COMPLETE -(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 l>id-tab Schedule from McGee & Associates and electrical engineering 8,17,06: Quotes from Annual Contractors for Electrical InstallationlDesign is pending, 8-21-06: Meeting with Bernie Simmonds to answer questions regarding quote request. 8-21-06: Owner of Kent Technologies Thorn Esch office visit. Thorn receives updated copy of plans, 8-22-06: Quotes from Annual Contractors is pending, Due date is August 29, 2006, 8,31,06: Vendors contacted regarding quote: Kent confirms that they will quote, Simmonds will get back to staff on 9-1,06, 9-3-06: E,8, Simmonds Electrical quote received for $15,725,00 total electrical installation, Poles By County, 9,5,06; Bid Schedule revised and sent out. 10,19,06: Committee directs staff to obtain additional quotes. E,B. Simmonds quote rejected by Committee. Request for break-down of each line item from E.B. Simmonds, 10-30-06: E.B. Simmonds request meeting with Mike McGee and Staff to review project and quote, 11,7,06: E,B. Simmonds meets with Liaison Staff and reviews original quote, Project is re-quoted for $10,350,00 Committee Approval Required, 11-16-06: Lumec Sales Representative Ron Steedman confirms quote of $2,500 per light for a total of $5,000.00 Committee Approval Required, I 1,17,06: 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 3,20,07: Electrical Installation Completed by E,B, Simmonds 4,10-07: Project Completed (L,32) - COMPLETE (POC: Darryl Richard): Phase III Project: Refurbishment of Median #1 and #2 on St. Andrews at entrance to Lely offofDS 41, 2-9-07: 100% plans received from McGee 2,15,07: CLM confirms quote for $8,734.47 for project. 3,15-07: Project Completed (1.-31) COMPLETE Coordination with Ted Weiner - LMA Agreement 1,13-07: Letter from Ted Weiner -received and forwarded to Scott Teach 16/1n12 2-15-07: No official confirmation received from Weiner that they are baking out ofLMA. Weiner had discussion with MSTU Committee Chair and requested assistance with Code Enforcement item, No further action is required on this item. (L-23) -COMPLETE - (Darryl) - (FDOT) (PROJECT PRIORITY #1 AS PER 11,17,06 MEETING) Lely Phase II,Landscape and Irrigation; Final 100% Design Approved by FDOT; Permit received from Bryan Dennis FDOT; Waiting on Notice to Proceed from FDOT (requires checklist approval); Checklist has been submitted to FDOT for approval. 5,1,06; FDOT Notice to Proceed is pending, Checklist has been approved. 5-15-06; Notice to proceed still pending, checklist has been approved, 5-30-06; FDOT NTP and drawings delivered to purchasing - pending advertisement from purchasing, 6,5,06: Contract Letting by Purchasing, Bids due by 6-30-06; BCC Approval for 7-25-06 meeting (Novus Deadline of 7-10-06) 6,12,06: Bids are due June 30, 2006 - bcc 7,25,06 6-15-06; Pre-Bid Meeting on June 20, 2006 6,27,06; Addendum #1 - in progress. 7-18-06; BCC to award bid to Vila & Sons -7-25-06 7,25,06: BCC Approved Vila & Son Contract 8-17-06: Purchasing reports that Vila & Sons is completing paperwork for FDOT portion of contract and will return it back to Purchasing prior to issue of ContractlPurchase 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 # I reviewed and rejected due to non,completion of 'Preparation for Planting' line item, Pay Application will be sent back to contractor for revision, 11,7,06: Revised pay application approved for payment. Project is 57 % completed, 1,17,07: Substantial Completion Inspection; Punch, List Complete for outstanding items, Present were: Philip Thibeaux, Vila & Son; Darryl Richard, A TM Liaison; and Mike McGee, McGee & Associates; Roger Dick, Irrigation Project Manager. 2,21,07: Confirmation Final Close,out change order is processed (CO #2), (L-26) - COMPLETE - Order for new Sign - Pebble Beach Median #19 8-17-06: Lely MSTU Committee requested that Staff have Lykins provide quote for downed sign at median #19 Pebble Beach Drive, 8,31,06: Staff request that Lykins provide quote for issue of PO, 9,8,06: Quote Received, but committee did not approve the amount, - Only to get a quote, 10,9,06: Staff requires Lely MSTU Committee approval for this item in order to proceed. 10-19-06: Committee review of item, Consensus is that item is not an MSTU Project and is the concern of the Lely Civic Association (HOA), The sign was originally installed by the HOA. (L,28) - COMPLETE - PEBBLE BEACH OVERPASS PROJECT -Road & Bridge to reconstruct asphalt on overpass, No confirmation of schedule from R& B as of today - 3-6-06 and as of5,15-06 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. A TM Liaison Staff has set up a meeting on August 24,2006 at I :00 PM to discuss. 8,24,06: Staff meets with Committee Chairman Bob Slebodnik to review project. 16 11 R12 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 ofthe authorization as per Current MSTU Ordinance, (L,25) - COMPLETE, Pending Committee Action - PALM TREE REPLACEMENT - MCGEE recommendations pending as per committee request. Committee is interested in Foxtail Palms. - 7/18106: 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: Proofwill be forwarded to Staff on 9,1-06 forreview, 9-7-06; Darryl approved the proof. 9-22-06: Lykins begins installation of sign, 10,1,06: Lykins installation complete (L-2l) COMPLETE - Flag lighting - not working,- Anticipated completion date - September 30th, 2006 8,17,06; Eb Simmonds contacted for lighting and flagpoles and took care of problem under contract - no fee charged 10,10,06: Lights reported 100% operational by Committee Chairman (L-I) - COM PLETE, Spraying of Exotic vegetation at St. Andrews Canal -Travis Gossard contacted regarding request for re-spraying of exotics, 8,22,06: Danny Dominguez confIrms that the re-spraying of the Canal has taken place, (L -2) - COMPLETE--Painting of Curbs and Yellow Paint at Median Tips 6-15-06; Estimate for work approved minus purchase of material (paint), Staff to obtain material separate to Commercial Land Maintenance proposal. 6,23-06: Requested Gerald Morris to let us know - R&B painting schedule and paint in stock? 7-6,06: Gerald emailed giving us an update on their painting schedule and asked J.Vliet to respond to us. 7,18,06; Spoke to John Vliet and he stated to make sure to use FDOT standards on paint and not to change anything, Just repaint. 7,18-06; Will purchase paint at Sherwin Williams and provide to CLM. 7,20,06: Paint and materials dropped off to CLM 8-15-06: CLM performing painting, curbs completed, painting of numbers not complete 8-22-06: Project is completed, (L-3) ,COMPLETE -Sign Plantings of Crown of Thorn (Augusta at Forest Hill) - CLM directed to plant crown of thorn at existing sign on July 20, 2006, 8,14,06: Inspection indicated that plantings had not occurred CLM contacted, 8-22-06: Plantings of Crown of Thorn is completed, 16/1 8.12 (L-4) COMPLETE- Solar lighting' HOA Project - Augusta Boulevard at Forest Hill Sign Lighting Project, HOA to fund installation, MSTU to pay for Y, of construction cost, 5-15-06: Pending Purchasing approval 5,30-06: Kent Tech is revising their estimate as per contract. 6-12-06: Kent tech has provided requested quote, item being processed by FinancelPurchasing (L,5) -COMPLETE-Lely Phase 11- (Electrical & Lighting & Irrigation Controllers): - Construction Cost: EB Simmonds Cost $23,010.00; Lumec Cost $17,050.00 ($1,550 per pole will poles) ~Total Project $40,060,00, E,B, Simmonds is complete, FPL to power up Meter-pending, 5,1,06; FPL and EB Simmonds work complete, (L,6) COMPLETE,Potable Water Meter Removal (L 7) -COMPLETE,Repair of Asphalt on Forest Hill- COMPLETE; Andy Vanisak, Road & Bridge, performed repairs to the area at no cost to the MSTU; Initial Repair Complete (L,8) Flag Replacement, COM PEETED-Flag Order for poles at St, Andrews and US 41 6-15-06; as per committee request the flags will be ordered twice a year or "as needed" (L,9) -COMPLETE,Lely Phase I, Complete (311105) , COMPLETED (L-IO) ,COMPLETE,Drainage Project -Pebble Beach Road- Non-MSTU Project (L-II) -COMPLETE,Drainage Project -St. Andrews Boulevard-Embankment Cleaning- 100% (L,12) COMPLETE-Baltusrol Culvert Inlet Clean-Out 5-12-06; Project Competed by Commercial Land Maintenance (L,13) -COMPLETE,Baltusrol Overpass Asphalt Repair - at the request of the Committee Chairman Road & Bridge performed the repair. 3,10,06; Project Completed by Road & Bridge (L-14) ,COMPLETE-Baltusrol Tree near lift station; Committee requested staff investigate weather the tree identified near the existing lift station was the responsibility of the MSTU to maintain as it was severely damaged by Hurricane Wilma, had been subsequently removed by others, and a huge stump remained. 2-2-06; Investigation by Staff concludes that the tree stump is outside ofthe Right of way on Baltusrol and that the tree is either on Golf Course Property or Lot owner at Lot 133 Baltusrol. (L,15) COMPLETE- "Pinehurst Estates" Sign Area on Baltusrol Landscape Project; Refurbishment Project to address the non-planted areas around the existing signs for the entrance into Pinehurst Estates, Lely MSTU Area. 5,5,06; Project Completed by Commercial Land Maintenance, (L-16) COMPLETE,Doral Circle: Pepper Tree Removal 6,1,06; Road & Bridge Contacted concerning the removal of pepper tree within County Right of Way, 6,15-06; Pepper Tree reported removed (L,17) -COMPLE IT-Doral Circle Sign Lighting Project 3-15-06Project Completed by Kent Technologies under contract with Lely MSTU, (L,18) -COMPLETE-Doral Circle Bench Area Refurbishment Project. Committee directed staff to obtain quotes for Commercial Land Maintenance to pressure clean pavers and apply protective sealant, replace decking on benches, and reset shrubs in planted beds, 2-10,06; Project reported complete by Commercial Land Maintenance, 1611~12 .. (L,19) - On Hold, Phase 11 Project; Advanced Bench Order and Installation; As per Committee request quote was requested of Commercial Land Maintenance for the installation of benches to include storage, The order for the benches was on hold due to the storage issue. As per the Bid Letting on June 5, 2006 and following Pre-Bid meeting the benches are to be included in the bid for Phase II Project as an alternate, (L,20) - COMPLETE ,FLAG POLE REPLACEMENT- a. Received Quotes from annual contractors and other vendors. Lykens Sign Tech was low quote, Purchasing recommended Lykens Sign Tech, committee cancelled project. b. Committee has requested CLM to demolition existing poles and bases as per annual contract rates not to exceed $2,500,00 after demolition, quotes will be requested from Sign Companies, 5-1-06; PO issue is pending as per Committee Approval. 5-15-06; Sign Craft received NTP on 5-12-06 and waiting on material order - drawing prepared,- 3 weeks estimated for poles to be received, 6-12-06: flag poles to arrive within I week. - On site meeting with contract to confirm locations, 6-15,06; Flag poles and all materials received by contractor; Installation to begin upon receipt of Permit from Collier County Sign Permitting, 6-27-06 : to be installed by June 30th pending CDS review of construction pad 7-3-06: Flag Poles are up with flags, For 4th of July..!!!! April 19, 2007 REVISED TABULATION VILA $37,137.30 eLM $26,941.15 HANNULA $25,908,81 lhf 1 812 VARIANCE - FROM NEXT HIGHEST QUOTE ($-10,196.15) V (-$1,032.34) V AI'PARENT LOW QUOTE From: Dale Hannula [mailto:DHannula@hannulalandscaping,com] Sent: Monday, March 19,20076:18 PM To: RichardDarryl Subject: RE: Confirmation of Quote - Grey Wood Specification - Royal Palms 1611 H12 Darryl: The prices quoted were for the specifications indicated as (ct) "Clear Trunk", not grey wood. The cost of the grey wood trees are as follows: 2' Grey Wood = $350.00 Each 4' Grey Wood = $600.00 Each 10' Grey Wood = $ 975.00 Each Thank. you, Dale Hannula 3-19-07 16Jl MEMORANDUM Date: June 13,2007 To: Joyce Houran, Grants Coordinator Collier County Sheriff's Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Grant Application Enclosed please find an original of the above referenced document, (Agenda Item #16Jl) adopted by the Board of County Commissioners on Tuesday, June 12, 2007. If you should have any questions, please contact me at: 774-8411. Thank you Enclosures( 1) ~beriff DON HUNTER. COLLIER COUNTY 16Jl 3301 Tamiami Trail East, Bldg - J, Naples, FL 34112.4902 (239) 774-4434 www_colliersherifl.org INTEROFFICE MEMORANDUM To: Sue Filson Executive Manager Date: June 12,2007 From: Joyce Houran Grant Coordinator Re: June 12,2007 Agenda Item 1611 Sue, attached please find a copy of the referenced Executive Summary along with grant documents that need to be signed by Board Chairman Coletta. Chairman Coletta's signature stamp can be used on these documents. Please call me at 793-9346 when these documents are ready to be picked up and taken to Minutes and Records. Thank You, ~L Enclosure Jhlsjsossig "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons," B ~.J ~ ITEM NO: FILE NO,: ROUTED TO: DATE RECEIVED: 16J 1" ~ () 7--5 II;:=-- (}Oc:JSO ,: ul- 11< " .i II'HY I~TT()P~![ , DO NOT WRITE ABOVE THIS SPACE onnl II': I 2 ,',',', :'. t, ~ I I ..) ,;: t~ ~L r / ~o'l ~ ./I} Thomas Palmer, Esq. REQUEST FOR LEGAL SERVICES (Please type or print) Date: June 12, 2007 To: Office of the County Attorney, Attention: From: Joyce Houran (Name) ~"L Grant Coordinator (Title) Sheriff's Office (Division) Finance Division (Department) Re: COPS Secure Our Schools (SOS) (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be sn€cific, concise, and articulate) . On June 12, 2007 the BCC approved Agenda Item l6Jl and agreed to be the coordinating unit of government for COPS Secure Our Schools (SOS) 2007 grant application, approve the Sheriff's Office grant application when completed, authorize acceptance of the award, and approve associated budget amendments. The Sheriff's Office COPS Secure Our Schools (SOS) 2007 grant application is attached for your review so Chairman Coletta can sign applicable grant documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. June 12, 2007 Agenda Item 16J1 - copy attached. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services,) Legal approval of documents. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. jh/iJ:le0708iJppliciJtionsos Date Submitted: 5/31/07 ~, 16Jl Agenda Item # AGENDA TRANSMITTAL SlIP I Requested Agenda Date: 6/12/07 Pled e of All lance Presentations Advertised Public Hearln s Public Comments on General 3 A roval of enda and Minutes 6 Public Petitions 9 Board of Coun Commissioners (12) County Attomey's Report Proclamations Board of Zonin A eals 10 Coun Mana ers Re ort (13) Other Constitutional Officers (15) Staff and Commissioner General X (16) Consent Aaenda Communications Requested by: Reviewed by: Date: County Manager: Date: Item Title: COPS Secure Our Schools (50S) List of Documents Attached: 1. Executive Summary (required) 3. 5. 2. 4, EXECU'l'IVE StlMMARy 16.Jl i j.iI~ RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE UNITED STATES DEPARTMENT OF JUSTICE COPS SECURE OUR SCHOOLS (SOS) 2007 GRANT PROGRAM. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for the United States Department of Justice COPS Secure our Schools (SOS) 2007 Grant Program. CONSIDERATION: 1. The Collier County Commission has participated in United States Department of Justice COPS school grant programs since 1999. 2. The programs have proven very beneficial to the Collier County schools and to the community. 3. As security threats and incidents increase in schools throughout the United States, enhanced control measures are needed. 4. A COPS Secure Our Schools (SOS) grant would provide funds to assist with the development of additional school safety resources. Funding would allow the Sheriff's Office the opportuni ty to establish and enhance a variety of equipment to encourage the continuation and enhancement of school safety efforts within Collier County. 5. Board approval is needed for the Collier County Commission to be the local coordinating unit of government for the COPS Secure Our Schools (SOS) 2007 application, approve the Sheriff as the official applicant, approve the Sheriff's Office grant application when completed, and authorize acceptance of the award, and approve associated budget amendments. FISCAL IMPACT: This SOS grant is two years in duration, and agencies are required to contribute a local cash match of 50 percent towards the total cost of the total cost of the approved grant project during the grant award period. It is estimated that the local cash match will be $25,000. The local match will come from Federal Equitable Sharing funds. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government for the COPS Secure Our Schools (SOS) 2007 grant application, approve the Sheriff's Office grant application when completed, authorize acceptance of the award, and approve associated budget amendments. PREPARED BY: ~ 1 ector APPROVED DATE: J:XI!:CU'1'IVE St!IIMU.y Agenda Item No. 16J 1 June 12, 2007 Page 1 of 2 16Jl RBCOICIII!:HI:l THAT 'rBl!: BOAJU) 01' COtlN'l'Y COKIII:Ss:IONERS SERVB AS '1'BE LOCAL CoollDI:DTI:NG OI\TI:T 01' GOVERNMEH'l' FOR '1'BE OI\TI:TED STATES DEPAR'1'MEN'1' or .roSTI:CE COPS SECtJRE OOR SCHOOLS (SOS) 2007 GRAN'l' PROGRAH. OBJEC'l'IVE. To seek appointment of the Collier County Commission as the coordinating unit for local application for the United States Department of Justice COPS Secure our Schools (SOS) 2007 Grant Program. CONSI:DERATI:ON. 1. The Collier County Commission has participated in United States Department of Justice COPS school grant programs since 1999. 2. The programs have proven very beneficial to the Collier County schools and to the community. 3. As security threats and incidents increase in schools throughout the United States, enhanced control measures are needed. 4. A COPS Secure Our Schools (SOS) grant would provide funds to assist with the development of additional school safety resources. Funding would allow the Sheriff's Office the opportunity to establish and enhance a variety of equipment to encourage the continuation and enhancement of school safety efforts within Collier County. 5. Board approval is needed for the Collier County Commission to be the local coordinating unit of government for the COPS Secure Our Schools (SOS) 2007 application, approve the Sheriff as the official applicant, approve the Sheriff's Office grant application when completed, and authorize acceptance of the award, and approve associated budget amendments. PI:SCAL XMPACT. This SOS grant is two years in duration, and agencies are required to contribute a local cash match of 50 percent towards the total cost of the total cost of the approved grant project during the grant award period. It is estimated that the local cash match will be $25,000. The local match will come from Federal Equitable Sharing funds. GROW'l'JI MANAGEM!:N'1'. None. RBCOMMENDATI:ON. That the Collier County Commission agrees to be the local coordinating unit of government for the COPS Secure Our Schools (SOS)' 2007 grant application, approve the Sheriff's Office grant application when completed, authorize acceptance of the award, and approve associated budget amendments. PRBPARED BY. APPROVED DATE. Item Number: Item Summary: Meeting Date: . -0- - -~ . Agenda Item No. 16J1 June 12, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16J1 Recommend that the Board Of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice COPS Secure Our Schools (SOS) 2007 Grant Program. 6/12f20079:00:00AM Date Approved By JamesV.Mudd Board of County Commissioners County Manager County Managar's Office 5/29/200710:33AM file:/IC:\AeendaTest\Exoort\84-June%2012. %202007\ J 6. %20CONSENT%20AGF:NDA \ J 6J.. 6/612007 16./1 It Ifltf(If 16Jl COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA June 12, 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." 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 of 11 16\11 5. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council Eastern Collier County Industry and Opportunity Tour on May 30, 2007. $20.00 to be paid from Commissioner Halas' travel budget. 6. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Physician Led Access Network (PLAN) of Collier County's Annual Board Meeting and Dinner on May 14, 2007 and is requesting reimbursement in the amount of $25,00, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J R CONSTITUTIONAL OFFICERS ___~- ____________.. (~ecom -Boafif of countYC~~SiOners serve as the Local Coordinating Unit '-.,./ of Government for the United States Department of Justice COPS Secure Our Schools (SOS) 2007 Gr nt Pro ram, 2. To obtain board approval for disbursements for the period of May 12, 2007 through May 18, 2007 and for submission into the official records of the board. 3. To obtain board approval for disbursements for the period of May 19, 2007 through May 25, 2007 and for submission into the official records of the board. 4. To obtain board approval for disbursements for the period of May 26,2007 through June 01, 2007 and for submission into the official records of the board. 5. To Present to the Board of County Commissioners the State Revenue Sharing Application for Fis . A Iication. r 6:) Recommend that the Board of County Commissioners approve a document for Eleventh Year ~ State Criminal Alien Assistance Program (SCAAP) Grant Funds. K. COUNTY ATTORNEY 1. Recommendation to Approve a Stipulated Final Judgment for Parcel 112 in the Amount of $165,000 in the Lawsuit Styled Collier County v. The Shores At Berkshire Lakes Master Homeowners Association, Inc., et ai, Case No. 06-0828-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $17,200.00) 2. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 178 In the Case Styled Collier County v. Teodoro Gimenez, et al., Case No. 04- 0561-CA (Vanderbilt Beach Road Project #63051) (Fiscal Impact: $56,000.00). 3. Recommendation to Approve a Stipulated Final Judgment for Parcels 858 and 958 in the Amount of $19,300,00 in the Lawsuit Styled Board of County Commissioners of Collier County v. Grand Cypress Communities, et al., Case No. 05-1053-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $650.00). 4. Recommendation to Authorize the Making of a Second Offer of Judgment to Respondents. Duffield W. Matson, 11/ and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the Amount of $31,500,00 in the Lawsuit Styled Collier County v. Duffield W. Matson, 11/, et aI., Case No. 05-1054-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $16,350.00 if offer is accepted). 9 of 11 ; '"- - GRANTS_GOV'" Opportunity Title: Offering Agency: CFOA Number: CFDA Description: Opportunity Number: Competition 10: Opportunity Open Date: Opportunity Close Date: Agency Contact: 16tJl " Grant Application Package Secure Our Schools Community Oriented Policing Services COPS..sOS,2007,1 05/07/2007 06/15/2007 John Oliphant E-Gov Program Manager E~mail: john.oliphant@usdoj.gov . . o I will be submitting applications on my behalf, and not on behalf of a company, state, local or tribal government, academia, or other type of organization. * Application Filing Name: I Delinquency Reduction & Compliance Mandatory Documents MOlle Form 10 Submission list I Mandatory Completed Documents for Submission !Application for Federal Assistance (SF-424) COPS Budget COPS Application Attachment Move Form to Documents List ~.J Optional Documents Move Form 10 Submission List Optional Completed Documents for Submission Other Attachments Form Move Form to Documents List __~~\~illl ",', , ."y",;;,~,lt""" . Enter a name for the application in the Application Filing Name field. - This application can be completed in its entirety offline; however, you will need to login to the Grants.gov website during the submission process. - You can save your application at any time by clicking the "Save" button at the top of your screen. - The "Submit" button will not be functional until the application is complete and saved. Open and complete all of the documents listed In the "Mandatory Documents" box. Complete the SF-424 form first. -It is recommended that the SF~424 form be the first form completed for the application package. Data entered on the SF.424 will populate data fields in other mandatory and optional forms and the user cannot enter data in these fields. e -The forms listed in the "Mandatory Documents" box and "Optional Documents" may be predefined forms, such as SF-424, forms where a document needs to be attached, such as the Project Narrative or a combination of both. "Mandatory Documents" are required for this application. "Optional Documents" can be used to provide additional support for this application or may be required for specific types of grant activity. Reference the application package instructions for more information regarding "Optional Documents". -To open an item, simply click on it to select the item and then click on the "Open" button. When you have completed a form or document, click the form/document name to select it, and then click the => button. This will move the form/document to the "Completed Documents" box. To remove a form/document from the "Completed Documents" box. click the form/document name to select it, and then click the <= button. This will return the form/document to the "Mandatory Documents" or "Optional Documents" box. -When you open a required form, the fields which must be completed are highlighted in yellow. Optional fields and completed fields are displayed in white. If you enter invalid or incomplete information in a field, you will receive an error message. Click the "Submit" button to submit your application to Grants.goy. - Once you have properly completed all required documents and saved the application, the "Submit" button will become active. - You will be taken to a confirmation page where you will be asked to verify that this is the funding opportunity and Agency to which you want to submit an application. e ; ... - GRANTS.G,QV'" Grant Application Package Application Submission Verification and Signature 16Jl Opportunity Title: Secure Our Schools Offering Agency: Community Oriented Policing Services CFDA Number: CFDA Description: Opportunity Number: COP5-505,2007,1 Competition 10: Opportunity Open Date: 05/07/2007 Opportunity Close Date: 06/15/2007 Application Filing Name: Delinquency Reduction & Compliance Please review the summary provided to ensure that the information listed is correct and that you are submitting an application to the opportunity for which you want to apply. If you want to submit the application package for the listed funding opportunity, click on the "Sign and Submit Application" button below to complete the process. You will then see a screen prompting you to enter your user ID and password. If you do not want to submit the application at this time, click the "Exit ApplicationR button. You will then be returned to the previous page where you can make changes to the required forms and documents or exit the process. If this is not the application for the funding opportunity for which you wish to apply, you must exit this application package and then download and complete the correct application package. Application for Federal Assistance SF-424 Version 02 ., Type of Submission: * 2. Type of Application" "If Revision, select appropriate letter{s}' o Preapplication 0 New I I o Application D Continuation .. Other (Specify) I , I o Changed/Corrected Application D Revision .. 3 Date Received' 4, Applicant Identifier: Completed by Granlsgov upon submiSSionJ I I 5a Federal Entity Identifier: .5b, Federal Award Identifier: I II I State Use Only: 6. Date Received by State: I J17. State Application Identifier: I I 8, APPLICANT INFORMATION: . a legal Name: I Collier County Sheriffs Office I . b Employer/Taxpayer Identification Number (EINITIN): .. c. Organizational DUNS' 1596000561 I 1187217526 I d. Address: .. Slreet1" 13301 Tamiami Trail East, Building J I Street2: I I .. City: I Naples I County ICollier I * State: I FL' Florida I Province: I I * Country: I USA: UNITED STATES I * lip I Postal Code: 134112-4902 I 8. Organizational Unit: Department Name: Division Name: I Sheriff's Office I IYOuth & Delinquency Services I f. Name and contact Information of person to be contacted on matters Involving this application: Prefix: IMrs. I * First Name" I Joyce Houren I Middle Name: I I * Last Name- ! Houren I Suffix: I I Title: I Grant Coordinator I Organizational Affiliation: I I * Telephone Number: )239-793-9346 I Fax Number: 1239,793,9405 , * Emeil: I grants@colliersheriff.net I 1 6 ~B 1umbe" 4040,0004 EXPira~ Date: 01/31/2009 Application for Federal Assistance SF,424 Version 02 9. Type of Applicant 1: Select Applicant Type: I B: County Government I Type of Applicant 2: Select Applicant Type: I I Type of Applicant 3: Select Applicant Type" I I .. Other (specify): I I .. 10. Name of federal Agency: ) Community Oriented Policing Services I 11. Catalog of Federal Domestic Assistance Number: I I CFDA Title: I I .. 12. Funding Opportunity Number: ICOPS'SOS'2007'1 I . Tille" I~"'''"'"-'' I 13. Competition Identification Number: I I Title: I I 14. Areas Affected by Project (Cities, Counties, State., etc.): I ~'''''O""". ",,'" I .. 15. Descriptive Title of Applicant's Project: Delinquency Reduction and Compliance (DRAC) Attach supporting documents as specified in agency instructions. I. Ad<l~llj~",.nl<<lllle~.A~~IIVioWA~~~1 1 6 , O~ NurTiber:"/040,0004 ~x~ion Date: 01/31/2009 -------r--T,--.,-~- ~ 0 ~ ,; l.MB N~m'~er: 4040-0004 Expiration Date: 01131/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: . a. Applicant IF14 I . b. Program/Project lF14 I Attach an additional list of Program/Project Congressional Districts jf needed. additional congressional districts.doc II II D...18Aitaclln\"'III\l!llW...ItGti~11 17. Proposed Project: . e, Start Date 110/0112007 I . b. End Date: 109/30/2009 I 18. Estimated Funding ($): , a, Federal I 22,438.001 , b Applicant I 22.438.001 , c Slate I 0001 , d local I 0001 '. Other I 0001 'f Program Income I 0001 '9 TOTAL I 44,876.001 .19. Is Application Subject to Review By State Under Executive Order 12372 Process? 0a This application was made available 10 Ihe State under the Executive Order 12372 Process for review on 105/12/2007 I Db Program is subject to E.O. 12372 but has not been selected by the State for review. Dc Program is not covered by E.O. 12372. "20. Is the Applicant Delinquent On Any Federal Debt? (If "Ves", provide explanation.) D y.s o No I I 21. .By signing this application, I certify (i) to the statements contained In the list of certifications"" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances"" and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) o ,. I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: IMr I " First Name: IDon I Middle Name: I I . Last Name: !Hunter I Suffix: I I "Title 1 Sheriff I . Telephone Number. , 239-793-9346 I Fax Number 1239.793-9405 I . Email: I grants@colliersheriff,net I * Signature of Authorized Representative I Completed by Grants.goy upon submission. I * Date Signed: I Completed by Grants,gov upon submission. I Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMS Circular A-102 Application for Federal Assistance SF-424 Version 02 * Applicant Federal Debt Delinquency Explanation The following field should contain an explanation jf the Applicant organization is delinquent on any Federal Debt. Maximum number of characters that can be entered is 4,000 Try and avoid extra spaces and carriage returns to maximize the availability of space I I 1 6 q:Je N1mber 4040,0004 EXPlratlor!.vate: 01/31/2009 Application Attachment to SF-424 16J 1 ",~ OMB Number: 1103-0098 Expiration Date: 02/29/2008 General Instructions: The COPS Application Attachment to SF-424 Is used In conjunction with all COPS program applications. Please ensure that you have completed all of the required sections. If a section is not applicable, please check the not applicable checkbox. coPS FUNDING REQUEST Federal assistance Is being requested under the following COPS Office funding category: Select the COPS Office funding category for which you are requesting federal assistance. Please refer to the program-specific portion of the COPS Application Guide to determine which funding category the COPS Program for which you are applying falls. Please ensure that you have read, understand, and agree to comply with the applicable grant terms and conditions as outlined in the COPS Application Guide before finalizing your selection. . FUNDING CATEGORIES: o COPS In Schools o Tribal Programs o Universal Hiring Program D Community Policing Development Programs D Targeted Programs D Interoperable Communications Technology Program III Secure our Schools APPLICANT INFORMATION o Check here if your agency has not been assigned an ORI #. * A. Applicant ORI Number: IFl01100 1 The ORI number is assigned by the FBI and is your agency's unique identifier. The first two letters are your state abbreviation, the next three numbers are your county's code, and the final two numbers identify your jurisdiction within your county. If you do not currently have an ORI number. the COPS Office will assign one to your agency for the purpose of tracking your grant. B. General Applicant Information o Not Applicable (If applying under Targeted Programs. please check here) * 1. Cognizant Federal Agency I United States Department of Justice * 2. Fiscal Year: 110/01/2006 I * to [09/30/2007 1 (mo/day/yr) * 3. Population served as of the 2000 US Census 1251377 * If the population served is not represented by U.S. Census figures (e.g., colleges, special agencies, schools, police departments, etc.) please indicate the size of the population served: I C. Law Enforcement Agency Information o Not applicable (If applying under Targeted Programs or Community Policing Development Programs. please check here) * 1. Is your agency contracting for law enforcement services? DYes [;7] No If "yes, " the Legal Name and address information listed on the SF-424 under section Applicant Information should be for the jurisdiction that will be contracting to receive law enforcement services, and NOT the law enforcement agency that will actually provide those services. Also, be sure to enter the name and agency information of the contract law enforcement department under section A (law enforcement executive information) of this document. In all contracting arrangements, the jurisdiction that is applying for assistance is ultimately responsible for ensuring compliance with all grant requirements. For additional clarification on contracting guidelines. please see the program-specific section of the COPS Application Guide * If you are a tribal law enforcement agency, Instead of providing your own law enforcement services, does your tribe exclusively contract with a non-BIA local law enforcement agency for services? o Ves o No o Not Applicable If 'Yes, ' please refer to the program-specific section of the COPS Application Guide for additional eligibility information. Certain COPS Tribal Programs do not aI/ow a tribe that exclusively contracts with a non-BIA loca/law enforcement agency to apply for funding. Application Attachment to SF-424 1 6 JOM1Num~er 1io3-0098 EXPir~on Date: 02/29/2008 2. Population Served By Law Enforcement Agency * Do officers have 2!.!.m..i!.!'Y. law enforcement authority for the population to be served? o Yes D No An agency with primary law enforcement authority is defined as the first responder to calls fOf service. and has ultimate and final responsibility for the prevention, detection, and/or investigation of crimina/laws within its jurisdiction. If yes. what is the actual population for which your department has primary law enforcement authority? {In other words, the 2000 Census population minus the incorporated towns and cities that have their own police departments_I 1251377 If no, please explain. Include the date by which your agency anticipates having primary law enforcement authority for this population. (Please limit your response to a maximum of 250 words.] Application Attachment to SF-424 16 10'" Number: 1103-0098 UxPLlltion Date: 02/29/2008 .. 3. land Base Covered by Law Enforcement Agency (in square miles): 12025 Enter the number of square miles covered by the law enforcement agency. Exclude the population and square miles primarily served by other law enforcement agencies within your jurisdiction. For example, a sheriff's department must exclude populations and areas covered by a city police deparlment for which the sheriff's department has no primary faw enforcement authority. Do not list acres (1 mile = 640 acres). 4. Current Budgeted Locally-Funded Sworn Force Strength as of the Date of this Application: .. Full Time .. Part Time [647 l' Enter the budgeted locally-funded sworn force strength. The budgeted locally-funded sworn force strength is the number of sworn officer positions your department has allocated for its budget, including state, Bureau of Indian Affairs, and locally-funded vacancies. Do not include unpaid/reserve officers, COPS-funded positions (unless they are in the locally-funded retention period), or detention staff. 5. Current Actual Locally-Funded Sworn Force Strength as of the Date of this Application: . Full Time . Part Time 1610 10 Enter the actual locally-funded sworn force strength. The actual locally-funded sworn force strength is the actual number of sworn officer positions employed by your department as of the date of application. Do not include vacant state, Bureau of Indian Affairs, or locally-funded positions, COPS-funded positions (unless they are in the locally-funded retention period), or unpaid/reserve positions. WAIVERS OF THE LOCAL MATCH Please refer to the program-specific section of the COPS Application Guide to determine if your agency may apply for a waiver of the local match. Certain COPS Programs do not have local matching requirements, while others do not aHow applicants to apply for a waiver of the local match. o Check here if not applicable . Are you requesting a waiver of the local match based upon severe fiscal distress? DYes o No If requesting a waiver, you are required to attach a detailed waiver justification below. Please refer to the COPS Application Guide "Waiver of the Local Match" section for information on what to include in your justification, as well as the program-specific portion of the Guide to review the local match requirements for the grant program under which you are applying. , I 11,:/ II ",' ,.. Ili"F' I I Application Attachment to SF-424 1 6 J 1 0"8 'I\li'ber 1103-0098 . .. _ Expiration Date: 02/29/2008 EXECUTIVE INFORMATION Listing individuals without ultimate programmatic and financial authority fOf the grant could delay the review of your application, or remove your application from consideration. A. Law Enforcement Executive/Program Official Information: Enter the law enforcement executive's name and contact information (for law enforcement agencies) or program official's name and contact information (for non-law enforcement agencies). For law enforcement agencies, this is the highest-ranking official within your jurisdiction (e.g., Chief of Police, Sheriff, or equivalent). If the grant is awarded, this position would be responsible for the programmatic implementation of the award. If your agency is a "start-up" this section can remain blank. . Title jSheriff I Prefix IMr 1 * First Name IDon I Middle Name I I . Last Name !Hunter I Suffix 1 I * Agency Name 1 Collier County Sheriff's Office I . Street Address 1 13301 Tamiami Trail East, Building J I Street Address 2 I I . City I Naples 1 County I Collier 1 . State 1 FL: Florida I Province 1 I Zip Code 134112-4902 1 . Country I USA UNITED STATES 1 . Telephone 1239-793-9346 I Fax 1239-793-9405 I . E.mail I grants@colliersheriff.net I . B. Type of Agency: I Sherifr I New Startup* (please specify) I I Other* (please specify) 1 I Agency types that have an asterisk next to them and that are applying for COPS hiring grants must provide additional information. Please refer to the COPS Application Guide: Agency Supplemental Information section for the questions that you will need to address. Please attach this information below: I 11.~.I\It.#hm~tll II I Application Attachment to SF-424 1 6 '1 .~,... V B Number: 1103.0098 Expiration Date: 02/29/2008 C. Government Executive/Financial Official Information: Enter the government executive's name and contact information (for government agencies) or financial official's name and contact information (for non.government agencies). For government agencies, this is the highest-ranking official within your jurisdiction (Mayor, City Administrator, Tribal Chairman. or equivalent). If the grant is awarded, this position would be responsible for the financial management of the award. . Title I Chairman, Board of County Commissioners I Prefix ~ I * First Name Ijames I Middle Name I I . Last Name [COletta I Suffix I I . Name of Government Entity/Financial Entity I Collier County Board of County Commissioners I . Street Address 1 13301 Tamiami Trial East, Building F I Street Address 2 I I . City INaPles I County I I . State I FL: Florida I Province I I . Zip Code 134112~4902 I . Country I USA UNITED STATES I . Telephone 1239-774-8097 I Fax 1239-774-3602 I . E-mail IjimColetta@colliergOv,net I . Type of Government Entity I County I Application Attachment to SF-424 16JI OM6<1!umber: 1103-0098 Expiration Date: 02/29/2008 CONTINUATION OF PROJECT AFTER FEDERAL FUNDING ENDS Retention for COPS Hiring Grants This section Is applicable to applicants applying for sworn officer positions. o If not applying for sworn officer positions, please check here Hiring grantees are required to retain all additional officer positions awarded for at least one full/ocal budget cyefe following the expiration of COPS grant funding for each COPS-funded officer position. The additional officer positions should be added to your agency's law enforcement budget with state, local, or tribal funds for at least one fuff/aeal budget cycfe, over and above all other locally-funded officer positions (including other school resource officers) that would have existed regardless of the grant, from the time that the thirty-six (36) months of grant funding for each COPS position expires_ Absorbing COPS-funded officers through attrition (rather than adding the extra positions to your budget with additional funding) does not meet the retention requirement. Please be aware that if your agency has additional sworn officer hiring grants that are active when one hiring grant expires, the officer positions that were awarded under the expired grant are added to your baseline of locally-funded officer positions and must be maintained throughout the implementation of all additional hiring grants Use the space below to explain how your agency currently plans to retain any additional officer positions awarded. Please be as specific as possible about the source(s) of retention funding (General Fund revenues, local ballot item, etc.) your agency plans to utilize. A missing or incomplete response could affect your ability to receive funding. Application Attachment to SF-424 1:~ N4bl11 03-0098 Expiration Date: 02/29/2008 NEED FOR FEDERAL ASSISTANCE All applicants are required to provide a brief explanation of their agency's public safety needs and an explanation of their agency's inability to implement this project and/or address these public safety needs without feders/assistance. In the space below, please provide a brief explanation of their agency's public safety needs and an explanation of their agency's inability to implement this project without federal assistance. {please limit your response to a maximum of 250 words.] We have scarce fiscal resources and need grant money to fund our request for specialized equipment to prevent and manage school violence, reduce risks and liability, and improve school-community relations on school safety issues through community and problem-oriented policing Homeland security, hurricane preparedness and damage costs, the extremely high cost of living and doing business in Southwest Florida, illegal alien issue costs, etc. have resulted in budget priorities to tend toward catastrophic areas of need Essential equipment requests are routinely denied in favor of having to support payroll and basic equipment requirements. The proposed Delinquency Prevention and Compliance program will help to increase local awareness of the magnitude of juvenile delinquency/gang involvement and securing our schools. Absolute priorities are: safety which is our primary motivating factor for funneling grant dollars in this direction; to decrease significantly fights and violent crime; to make the physical environment of the schools and grounds safe from break-ins, theft, and vandalism; and to procure specialized equipment to protect human beings, facilities and grounds from criminal acts. The activities to accomplish the grant goals are proactive, practical and cost-effective strategies for school safety and crisis preparedness; heightened school security for terrorist threats; physical security; special event management; school crime prevention and school crisis training; school-community collaboration; and transportation security, through collaborative efforts with the Collier County Public Schools, other local government agencies, families, and businesses. Without grant funds, we cannot reach our goals EXECUTIVE SUMMARY Please refer to the COPS Application Guide: "How to Apply" section of the program for which you are applying to determine if an Executive Summary is required as part of your application. o Check here if not applicable Please attach a brief summary of how your agency will use this federal funding. Be sure to include a description of how you expect this grant to impact public safety and/or crime prevention in your community. Please refer to the COPS Application Guide for clarification on specific information to include in your summary, The Executive Summary may be used to keep Congress or other executive branch agencies informed on law enforcement strategies to deter crime in your community. [Please limit your response to a maximum of 400 words.} IFINAl application Executive Summary 20(11 II n.1~ AIl'~'11~II. VIew ..~~"'~ ,I PROJECT DESCRIPTION (NARRATIVE) Please refer to the COPS Application Guide: How to Apply section of the program for which you are applying to determine if a Project Description (Narrative) is required as part of your application. o Check here if not applicable Please attach an in~depth narrative response detailing your proposed project. Please refer to the program-specific section of the COPS Application Guide: "How to Apply" section for information on what should be included in your response, as well as any additional formatting requirements and page length limitations. IFINAL 50S 2007 2008 APPLICATION NAil J I Delete A<<II\>II..."III_ Vi<IW A<<e.b",e"l -I 16Jl EXECUTIVE SUMMARY Agencv Name: Collier Countv Sheriffs Office (CCSO) State: Florida Program: Delinquencv Reduction and Compliance (DRAC) Point of Contact Name: Jovce HOllran. Grant Coordinator Point of Contact Phone Number: 239-793-9346 SOS Funds Requested: $22.438 Obiectives: To assist with the development of school safety resources and enhance local efforts with cutting-edge crime-fighting equipment. To decrease juvenile delinquency and gang involvement in Collier County, Florida. To increase proactive, practical and cost-effective strategies for: school safety and crisis preparedness, heightened school security for terrorist threats, physical security, special event management, school crime prevention, school-community collaboration, and transportation security. These objectives will be met and sustained through collaborative efforts with the Collier County Public Schools, other local government agencies, families, and businesses and through community oriented policing strategies. Considerations: The CCSO has Youth and Delinquency Services Division staff to address the referenced objectives. The CCSO has the administrative staff to manage the fiscal and programmatic grant compliance requirements. Without grant funds, this agency does not have the funds, as addressed in the SF-424 Need for Federal Assistance narrative, to fund cutting-edge technologies and equipment needed to focus on the prevention of crime and the fear of crime in and around Collier County schools. With grant funds the CCSO will significantly decrease fights and violent crime; make the physical environment of the schools and grounds safe from break-ins, theft, and vandalism to protect human beings, facilities and grounds from criminal acts. Safety is our primary motivating factor for funneling grant dollars in this direction. The DRAC program will enhance current community policing initiatives. $22,438 in federal funds matched by $22,438 local funds provided from the Confiscated Trust Fund totaling $44,876 will support costs to provide equipment to result in significant improvements to school security in Collier County, Florida. Fiscal Impact: $44,876 Application: To support the Collier County Sheriffs Office request to assist with the development of school safety resources with a $22,438 SOS grant to pay for specialized equipment including eight day/night Internet camera servers, five laptops, 60 hand-held metal detection devices, 25 alcohol testers, 10 pan/tilt cameras, and 10 Flashcams (flashlight/camera combos). 16.11 PROJECT NARRATIVE PROJECT TITLE COLLIER COUNTY SHERIFF'S OFFICE DelinQuencv Reduction and Compliance (DRAC) PROJECT DESCRIPTION - The Collier County Sheriffs Office (CSSO) inability to implement this project without the assistance of federal funding is due to local budget constraints. The recent discussion and activity in the Florida legislature over the important and potentially serious issue of tax reform has caused alarm and great concern for public safety providers throughout the State. Gross underfunding of public safety in this State can only result in one outcome, crime, including juvenile crime. The first priority of the CCSO is the ability to protect our citizens. Current budget constraints coupled with CCSO's preparation for the potential gross underfunding of public safety from the State places the CCSO in an impending disastrous position to protect citizens. Finding people to fill all the law enforcement openings is a national problem that is turning into a national crisis. We realize that there is a small pool of the willing who want a career in law enforcement. From that group there exists an even smaller pool of eligible and qualified applicants. Collectively, we have a problem. The law enforcement officers we have we need to keep and we have need of ways to retain officers and afford the best public safety measures we need to make sure we implement ways to maintain officer safety, and give our law enforcement officers the equipment they need to get their job done. Collier County, Florida, is located on Southwest Florida's gulf coast. Collier County is the second fastest growing metropolitan area in the nation, according to the 2000 U.S. Census. With a total area of 2,305 square miles and a land area of 2,025.5 square miles, making it the largest land mass county east of the Mississippi River, Collier County is larger than the states of Rhode Island and Delaware. Collier County has experienced rapid population growth in recent years. In 1990, the Collier County year-round population estimate by the Census Bureau was 152,099 people. By 2000, the estimated population for Collier County had grown to 251,377 people. The most conservative estimates of the 2010 population place Collier County's population at more than 350,000, with the year-round resident population exceeding 500,000 around the year 2025. This substantial growth has created increased demand for many types of goods and services. School shootings that have occurred in the past few years in several communities across the country have raised major safety concerns and fears among students, parents, and school administrators nationwide. In the past, the CCSO and the Collier County Public Schools (CCPS) have combined their efforts to avoid becoming the next statistic or headline. We have focused our resources in an attempt to increase law enforcement presence and have worked on school board policy to enforce consequences for violations of the above offenses. A needs assessment, based on data compiled by the Florida Department of Juvenile Justice (DJJ) reveals the number of Collier County juveniles in various stages of the justice system typically ranges from 450 to over 800 juveniles. Local youth have been arrested for every type of delinquent or criminal activity, from petit theft to homicide. The potential impact of juvenile crime is obviously very significant, both to the community at large and to victims of individual crimes. CCSO has been I .17 " very forward-looking in dealing with this issue, and has created within the agency a continuum of youth oriented services, beginning with younger individuals and at-risk behavior, to serious habitual juvenile offenders. Collier County is not immune to the potentially volatile school violence situations that might occur if our community does not maintain its vigilance. Three local Collier County youth were arrested in 2004 by members of the CCSO for plotting to hann students and faculty at an area high school. This tip was brought forth by a fourth-grader who told his school's youth relations deputy that he heard his sister talking about some older boys wanting to harm people at the school. The following are routine events involving juvenile delinquency that needs additional law enforcement and community attention. CCSO school deputies make hundreds of illegal narcotic drug and under aged drinking arrests per year. Many of these illegal substance abuse incidents occur in school parking lots, bus stops, and areas surrounding the school grounds. Students attend school under the influence of alcohol or drugs while attending school or related functions. For the safety of all students, this common occurrence is taken very seriously by Deputies and school personnel. Street Gangs in and around Collier County schools is a concern. Gang members have been known to congregate around schools before and after classes begin. Several local gangs have adopted nationwide trends and tactics and have brought this mentality into the school system. Many times the street rivalries and fights end up on school campuses or spill into nearby communities following school dismissal. Manpower is dedicated to monitoring this problem. Florida youth have been victims of incidents involving sexual predators and offenders. During our investigations of these predators and offenders our agency has determined many of these subjects live in close proximity to schools or bus stops. Many of the known individuals are allowed to reside in their current homes due to grandfather clauses. Our agency has been involved in investigating stranger danger type incidents where the subj ect cruises areas around schools and bus stops. This type of activity is often difficult to detect due to times of occurrences. Sexual predator and offender trends are increasing and presenting law enforcement with continued and growing challenges in making environments safe for Collier County children not only in and around schools but throughout the County. Homeland security threats in around Collier County Schools are another enormous concern of law enforcement. Every possible means that can be taken to secure our schools against terrorist attacks is a priority of this agency and the regional homeland security task force. Items included in this grant request will enable the CCSO to have currently unbudgeted equipment that will put into effect sources that are not currently available to monitor potential threats. The following chart indicates information from official school discipline, conduct, or crime data from the partner school(s) participating in this project during the period September I, 2005 - August 31, 2006: SCHOOL DISCIPLINE, CONDUCT, OR CRIME DATA FROM PARTNER SCHOOLS PARTICIPATING IN THIS PROJECT SEPTEMBER 1,2005 to AUGUST 31, 2006 Total TVDe Detentions 4,909 Suspensions 2,670 Expulsions 143 2 16 ~ Incidents on School Property 9,382 Incident Homicides 0 Sex Offenses 32 Assaults/Fights 1,382 Stolen Property 1,253 Threats To School Property 7 Possess Weapon 42 Vandalism/Graffiti 251 Possess/Sell Drugs 150 UnderaQe Drinking 29 Truancy 336 Theft From Motor Vehicles 3 Disorderly Conduct 3,262 Total Number of Students 43,586 Supporting documentation for these statistics is maintained for future review in the event of a grantor site visit, audit, or other request. The data used is data recorded in official records. The total number of students enrolled at the start of the 2005-2006 school year in the partner school(s) for which we are requesting funding was 42,459 students. We need equipment that promotes and results in innovative advanced community policing approaches to juvenile delinquency and gang crime prevention. Funds for camera surveillance equipment, hand held metal detector wands, and alcohol testers for officers to use in and around schools will enable the CCSO to expand and enhance public safety services to the community. The Collier County Public Schools have partnered with the CCSO for over two decades, including four COPS in Schools grants, and strongly support this continuing collaboration effort through community policing to implement this new project. Grant funds are necessary to advance our efforts and assist the community to fight juvenile delinquency and gang crime prevention with enhanced community and school based partnerships. To improve this agency's ability to deter juvenile delinquency and improve security (threatened by the actions as a result of juvenile delinquency, gangs, alcohol and drug use, sexual predators/offenders, and homeland security) is not an option but an obligation of the CCSO. Grant funds requested will support the implementation of and improve this agency's ability to deter juvenile delinquency and improve security, through community policing strategies, by providing several camera surveillance types of equipment including advanced day and night internet camera servers with audio equipment, pan/tilt camera servers, and Flashcams; hand held metal detector wands that will sense contraband in and around school grounds; and alcohol testers to sense quickly and accurately juvenile alcohol content. The equipment is estimated to cost $44,876 with $22,438 needed in federal funds and cash matched locally with $22,438. 3 16..)1'~i<1f 16Jl IMPLEMENTATION PLAN - The CCSO currently has 54 sworn Law Enforcement Deputies who work within all Collier County schools with 12 civilian support positions. The implementation of this multi-faceted juvenile delinquency/gang prevention youth safety initiative, will be immediate. Upon receiving the requested equipment, members of the Youth and Delinquency Services Divisions' Delinquency, Prevention and Enforcement Bureau and Youth Relations Bureau will be trained on the functions of the equipment. Specialized instruction regarding the implementation of the use of the new equipment will commence for community partners and CCSO Deputies to work together using the CCSO's community policing philosophy to bring about the outcomes of this grant. $22,438 in COPS Secure Our Schools (SOS) Program funds with a local cash match of $22,438 from the Confiscated Trust Fund or local operating funds, equals $44,876 total cost for this project. Budget details can be found in this grant application Budget attachment. The equipment will result in juvenile delinquency and gang involvement deterrence and school security through the enhancement of safety equipment and knowledge. CCSO's inability to implement this project without assistance of federal funding is due to budget constraints. The CCSO has scarce fiscal resources and needs grant money to fund our request for specialized equipment to prevent and manage school violence, reduce risks and liability, and improve school-community relations on school safety issues through community and problem- oriented policing. Homeland security, hurricane preparedness and damage costs, the extremely high cost of living and doing business in Southwest Florida, illegal alien issue costs, etc. have resulted in budget priorities tend toward catastrophic areas of need. Essential equipment requests are routinely denied in favor of having to support payroll and basic equipment requirements. These causes together with the recent discussion and activity in the Florida legislature over the important and potentially serious issue of tax reform that has caused alarm and great concern for public safety providers throughout the State, prevent local funding to support the entire cost of this project. The proposed Collier County Sheriffs Office (CCSO) Delinquency Prevention and Compliance program will help to increase local awareness of the magnitude of juvenile delinquency/gang involvement and securing our schools. Absolute priorities are: safety which is our primary motivating factor for funneling grant dollars in this direction; to decrease significantly fights and violent crime; to make the physical environment of the schools and grounds safe from break-ins, theft, and vandalism; and to procure specialized equipment to protect human beings, facilities and grounds from criminal acts. The activities to accomplish the grant goals are proactive, practical, and cost-effective strategies for: school safety and crisis preparedness; heightened school security for terrorist threats; physical security; special event management; school crime prevention and school crisis training; school-community collaboration; and transportation security, through collaborative efforts with the Collier County Public Schools, other local government agencies, families, and businesses. Without grant funds, we cannot reach our goals. PROJECT GOALS AND OBJECTIVES - This school project will address a need for improved services by offering and encouraging participation by community members and CCSO members to attend juvenile delinquency/gang involvement educational programs that will include, but not be limited to the services that are currently available for Collier County residents. There will be opportunities through surveys and participant input at workshops to share ideas and to plan and 4 16J f develop new improved services. This DRAC grant will enhance our working relationships with governmental and community groups as they will all be informed as to roles they can take in mentoring or volunteering to assist in stopping juvenile delinquency/gang involvement in Collier County. Our main school partner is the Collier County Public Schools which currently has 55 schools involved in this project and over 43,000 students, 3,000 teachers, and 5,000 faculty members in the schools. This DRAC program will have a profound positive affect on all of the above mentioned people. This SOS DRAC grant will address a need for improved services with a main goal to REDUCE JUVENILE DELINQUENCY and GANG INVOLVEMENT THROUGH THE USE OF INNOVATIVE COMMUNITY POLICING STRATEGIES. The objectives of this grant are based on affects of risk factors that can result in delinquency/gang involvement and activities that need to occur to reach our main goal, as follows: Systems will be in place to measure performance and revise systems when deemed necessary to r . h GPRA P L 103 62 ensure compliance Wit , - PERFORMANCE MEASURES (FOR GPRA, P.L. 103-62) OBJECTIVE PERFORMANCE MEASURES DATA GRANTEE PROVIDES Reduce juvenile Reduce juvenile delinquency/gang Percentage juvenile delinquency/gang involvement involvement by 10% by September delinquency/gang 30,2009 involvement is reduced Reduce school suspensions Reduce school suspensions by 10% Percentage school by September 30, 2009 suspensions are reduced Reduce truancy Truancy is reduced by identified Percentage truancy is reduced youth by 20% by September 30, 2009 Reduce school related gang Gang related incidents at schools Percentage of gang related incidents are reduced by 10% by September incidents 30,2009 Provide juvenile 12 juvenile delinquency/gang Number of juvenile delinquency/gang prevention prevention workshops will be delinquency/gang prevention workshops to community provided for community members workshops held members by September 30, 2009 Provide community members 2,000 community members will Number of community juvenile delinquency/gang receive juvenile delinquency/gang members attended juvenile prevention education prevention education by September delinquency/gang prevention 30,2009 education Provide CCSO members 500 CCSO members will receive Number of CCSO members juvenile delinquency/gang juvenile delinquency/gang attended juvenile prevention education prevention education by September delinquency/gang prevention 30,2009 education Purchase and implement Specialized equipment to enhance Dates the specialized specialized equipment to efforts to reduce juvenile equipment was purchased and enhance efforts to reduce delinquency/gang involvement will implemented I juvenile delinquency/gang be purchased and implemented by 5 I involvement I the end of the second quarter I 16Jl'"" I Performance measures are important to track the affect of this new DRAC program. We propose the following community policing proiect specific measures to be used to evaluate the success of this school safety/security program: GOAL # I. Issue trespass warnings to a specified number of unauthorized people in or around schools. OBJECTIVE # I. During the grant period, 300 trespass warnings will be issued to unauthorized people in or around schools. GOAL # 2. Make arrests of student and unauthorized offenders on school premises. OBJECTIVE # 2. During the grant period 25 student or unauthorized offenders on school premises will be arrested. GOAL # 3. Make arrests of student and unauthorized offenders off school grounds. OBJECTIVE # 3. During the grant period 25 students or unauthorized offenders off school grounds will be arrested. GOAL # 4. Investigate and prosecute incidents for weapons and contraband of a specified number of students and other people in or around school premises. OBJECTIVE # 4. During the grant period 50 incidents for weapons and contraband will be investigated/prosecuted of students and other people in or around school premises. GOAL # 5. Attend a specified number of school special events. OBJECTIVE# # 5. During the grant period 25 school special events will be attended and grant funded equipment utilized. IMPLENTATION PLANS: Month I - Requisition all grant funded equipment. Develop dedicated data base to capture GAPR information. Commence capturing program statistics. Submit monthly P APRS request. Month 2 thru 6 -Receive and implement use of specialized equipment. Review statistics and update systems to assure project excellence. Analyze and share outcomes for evaluation purposes. Submit monthly P APRS request. Month 4 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly P APRS request. Submit DOl SF269a. Submit semi-annual Progress Report to DOJ. Submit COPS Annual Report. Month 5 & 6 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly PAPRS request. Month 7 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly PAPRS request. Submit DOl SF269a. Verify single audit report per A-133 and grant guidelines meets submission deadline. Month 8 & 9 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly P APRS request. 6 1 ~ r.. -"VJ, Month 10 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly P APRS request. Submit DOJ SF269a. Month II & 12 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly P APRS request. Month 13 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly PAPRS request. Submit DOJ SF269a. Submit semi-annual Progress Report to DOJ. Month 14 & IS - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly P APRS request. Month 16 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly PAPRS request. Submit DOJ SF269a. Submit semi-annual Progress Report. Submit COPS Annual Report. Month 17 & 18 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly P APRS request. Month 19 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly PAPRS request. Submit DOJ SF269a. Submit semi-annual Progress Report to 001. Month 20 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly P APRS request. Month 21 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly PAPRS request. Verify single audit report per A-133 and grant guidelines meets submission deadline. Month 22 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly PAPRS request. Submit DOJ SF269a. Submit semi-annual Progress Report to DOl. Month 23 & 24 - Continue to implement specialized equipment. Continue to review statistics and update systems to assure excellence. Continue to analyze and share outcomes for evaluation. Submit monthly P APRS request. Month 25 - Continue program after grant ends. Submit final P APRS request. Submit final DOJ SF269a. Submit semi-annual Progress Report to DOJ. Submit final Progress Report and any other required grant reports. Submit final evaluation survey to community and staff members. OTHER DEADLINES: January 2009 - Submit COPS Annual Report. June 2009 - Verify A-133 meets fiscal year 2008 submission deadline. January 2010 - Submit COPS Annual Report. 7 16J 1 ~ I June 2010 - Verify A-l33 meets fiscal year 2009 submission deadline. As requested - other infonnation and reports. Note: Juvenile delinquency/gang prevention workshops and prevention education will be made available throughout the grant period. Evaluation Plans. Outcomes. and Effectiveness of the Program - DRAC staff members will have, in conjunction with the DRAC collaborative partners, a plan in place to achieve the DRAC grant objectives by September 30, 2009 to: decrease juvenile delinquency and gang involvement; reduce school suspensions; reduce truancy, reduce gang related incidents; and to purchase and implement grant funded equipment during the first two quarters of the grant period. For more than II years the CCSO has used successfully both the JJIS and CCSO case management systems to track juvenile infonnation. These systems can be easily adapted for use for this DRAC program. Our current case management systems will be updated to facilitate DRAC infonnation. System changes will be made to meet our new needs to track the infonnation and statistics that will assist in proving that our program is successful. The CCSO's Youth and Delinquency Services Division will be responsible for collecting data, analyzing the data, and delivering the infonnation to staff, partners and the community. This infonnation will be used to track progress and adjust program deliverance as needed. CCSO will vigorously ensure that the areas of concern continue to be the areas that need attention. The CCSO will review finalized results according to the needs identified in this grant application. Should infonnation be dramatically different from our current assessment, mid course adjustments will be made to ensure success. In addition, perfonnance measures will be reviewed fonnally every month with existing needs assessment data. Community partners will be consulted about any change to be made in the needs assessment indicators. The CCSO, as the lead collaborative agency, will continue to work throughout the grant period, and thereafter, with other agencies and organizations to complete community assessments and will continue to do so on a more comprehensive/expanded level that more directly looks at underlying risk and protective factors to help us better target solutions. The CCSO will comprehensively review and analyze available data. Available community resources, gaps, barriers, and readiness status to detennine unmet needs and prioritize our target population and areas and mobilizing stakeholders for success will be routinely examined and addressed. We will also strengthen throughout the grant period, and thereafter, our ongoing needs assessment process by facilitating the development of an expanded process to include other additional risk and protective factors that will allow us to better identify baseline measures and assess cultural competence. The CCSO will utilize both quantitative data (surveys, criminal justice data, etc.) and qualitative data (focus groups, key infonnant interviews, community forums, etc.) to understand the needs of our target community. These ongoing assessments will address the same issues as the CCSO initial interpretation of existing needs assessment, however, on an expanded level. We will analyze the data and infonnation that has been gathered and map the strengths and weaknesses of the community regarding juvenile delinquency prevention, including nonns, service delivery systems, and policies and laws. 8 If, . '., .} 1 Moreover, we will identify root causes of problems and further develop our model of change (logic model) that outlines the causal link between planned actions or strategies and desired outcomes that describe how we intend to positively impact juvenile delinquency prevention in our community. Our efforts to identify opportunities for improvement or implementation of prevention programs within their current infrastructures are a goal we seek out during this two year grant. The data elements that we will collect to effectively measure program performance (both process and outcome) will be by tracking statistics. The CCSO will realize that the program is successful when long term Collier County juvenile delinquency/gang involvement statistics decrease. An immediate outcome will be a decrease in juvenile delinquency/gang involvement within the first six months of DRAC. Other positive outcomes will be family intervention referrals, and an overall drop in truancy rates throughout the county. Participant and parental satisfaction is another criterion for Program success and will be included in measuring effectiveness. The evaluation will be conducted and reported quarterly. A post award survey will measure the community's perceived value ofthe Program, parental approval of the Program, and Program recommendations. The evaluation purpose is to assure this agency, the community, and partners that we have an objective method for measuring and reporting the level of goals attained and objectives met for the grant funded program. The proposed project will be evaluated by internal and external agency staff on a regular basis in order to enhance and expand the project as needed. The evaluations will be reviewed to enhance the effectiveness of and better coordinate the unit services provided through a variety of education and training programs and to enhance the skills of Deputies. Our plan to measure outcomes for reports is to use statistics and information gathered by an analyst in a format developed by CCSO that will provide facts that indicate success has been accomplished or if any revisions are needed. CurrentIPlanned Crime Prevention Activities - Crime prevention surveys are completed on every school. Specific recommendations are made as a result of in-depth security evaluations made during daylight and nighttime hours. Both daytime and nighttime surveys are not announced. Security evaluations and resulting recommendations are designed to accomplish recommended goals. The DPAC program will improve our agency's ability to secure schools in Collier County as a result of the equipment awarded with this grant and the educational opportunities offered to the community and CCSO staff. The partnership that CCSO has with the CCPS includes many programs that inform juveniles and their parents of the program that will thwart juvenile delinquency. Many collaborative efforts include the DARE Program for all 5th grade students, the successful Junior Deputy Program that reaches out to all 4th grade students that offers formal learning sessions in gun safety, Stranger Danger, how to use 911, fire safety, a Gang Prevention Program designed for at risk youth, and a state recognized Juvenile Civil Citation Program designed as an intervention to arrest, Juvenile Alcohol Suppression Program, Explorer Program that offers youth an opportunity to acquire an in-depth knowledge of the law enforcement profession, School Violence Prevention and Safety Program offers a "school violence response" training curriculum to Deputies, Do The Right Thing Program recognizes young people who have made a positive contribution to the community, and Juvenile at Risk Intervention Program is a parent-referred program that aids in arrest prevention of at-risk juveniles are samples of the many current juvenile crime prevention activities at the CCSO. The CCSO also has Street Gang Unit programs, Juveniles at Risk (JAR), Serious Habitual Offender Comprehensive Action Plan (SHOCAP), a Juvenile Arrest and Monitoring (JAM) program that offers deterrents assistance, and programs for at risk and serious offenders. Our Female Truancy Reduction and Compliance 9 1 h J 1 (FTRAC) program addresses serious gender specific truancy issues and our Truancy Reduction and Compliance (TRAC) program addresses truancy issues for both genders. The Peer Mediation Program uses mediation as a means of resolving conflicts and allows students to settle their own disputes by teaching and reinforcing problem solving skills to students, by students. CCSO's prevention programs are very successful due to the dedication of CCSO staff and collaborative partners. The proposed DRAC program is planned as a new crime prevention activity. The CCSO Youth & Delinquency Prevention Division works hand in hand with the CCSO Crime Prevention Unit to focus on a multitude of programs that are offered on topics such as child protection, babysitter safety, disaster preparedness, identity and retail theft, vehicle security and safety, home, business and personal safety, safe mail handling, and workplace violence awareness. The DRAC program will improve this agency's ability to deter juvenile delinquency as a result of using community and problem orienting policing, and because staff, systems, and programs are in place to have successful results. COORDINATION: The CCSO, in primary partnership with the Collier County Public Schools, and along with the U. S. Attorney's Office, FBI, ICE, other agencies and service providers (Naples Police Department, Marco Island Police Department, MAGTF - Multi Agency Gang Task Force, Florida Department of Juvenile Justice, Florida Department of Law Enforcement, the State Attorney's Office, the Judiciary, Immokalee Farm Workers Association, David Lawrence Center, Naples Alliance for Children, East Naples Civic Association, Better Business Bureau, Neighborhood Watch groups, etc.), have the expertise and background that helps to qualify the CCSO with carrying out this grant program. These collaborations will be accomplished through meetings, emails, and phone conferences. The CCSO is notorious for being in the forefront of new and innovative grant programs. Every new CCSO major juvenile program has been implemented with various grant funds and every major juvenile program has been sustained and used as a model for agencies throughout the United States. The proposed new CCSO Delinquency Reduction and Compliance (DRAC) Gang Unit initiative will be led by some of the same members who have successfully started juvenile delinquency prevention programs that still exist. Those programs include, but are not limited to, SHOCAP, JAM, JAR, Civil Citation, Gang Unit, Juvenile at Risk Intervention Program, Juvenile Court & Staffing, COPS in Schools, and ASSIST. The CCSO will be the lead agency for this grant, with the expertise of Commander Beth Jones of the Youth and Delinquency Services Division, and Street Gang Unit Sergeant Ron Byington coordinating this program's efforts. Commander Jones is well respected throughout Southwest Florida as a leader in the fight against juvenile delinquency and gang prevention. Sergeant Ron Byington has been an anti-gang leader in Southwest Florida and has 20 years of solid experience working for the suppression of gangs in this area. Sergeant Byington is on the Board of Directors of two of the very aggressive gang organizations within Florida; MAGTF (Multi Agency Gang Task Force) and the (FGIA) Florida Gang Investigators Association. Commander Jones and Sergeant Byington have been the driving forces in a myriad of CCSO juvenile programs during the past 15 years including Commander Jones as the Commander of the CCSO DRILL Academy. Their awareness and knowledge about juvenile delinquency and gang 10 1,< '1'~ problems, coupled with activities proposed in this grant application, will result in progress in delinquencv reduction and compliance in Collier Countv. Other key personnel in the program implementation includes the Collier County Sheriffs Office nationally certified and recognized grant manager, Joyce Houran (Grants Coordinator) who will coordinate and manage the grant fiscal and administrative responsibilities from the submission of this grant application to closeout. Mrs. Houran has over 17 years of foundation, state, and federal grants and contract management experience with the CCSO and has managed 20 COPS grants, from application to closeout, received by the CCSO since 1995. She has over 30 years of contract management and accounting experience. Mrs. Houran is degreed and is an active member of the National Grants Management Association. Systems are in place for key personnel coverage in their absence and the CCSO is suitably located to serve the needs of the initiative. ih/FlNAL 50S 2007 :100lJ APPLICATION NARRATIVE 11 Application Attachment to SF-424 1 6 ~~lmbe,. 1103-0098 Expiration Dale: 02/29/2008 BUDGET NARRATIVE (EXCLUDING SWORN OFFICER POSITIONS) Please refer to the COPS Application Guide: "How to Apply" section of the program for which you are applying to determine if a Budget Narrative is required as part of your application. D Check here if not applicable Please attach a budget narrative describing each item proposed fOf purchase, its purpose, and how the items relate to the overall project. Like items may be grouped together for ease of reporting. The structure of the Budget Narrative must mirror the structure of the Budget Detail Worksheet included in this application. In other words, each item reported in the Budget Narrative must fall under one of the following budget categories: Civilian/Other Personnel, Equipment/Technology, Other Costs, Supplies, Travel/Training, Contracts/Consultants, and Indirect Costs. For your information, a sample Budget Narrative and a sample Budget Detail Worksheet are included in the COPS Application Guide. Every item included on the Budget Detail Worksheet must be included in the Budget Narrative. Note that allowable/unallowable costs will vary widely between different COPS grant programs and cooperative agreements. Please ensure that you refer to the program.speclflc portion of the COPS Application Guide. "Federal Funding: Allowable & Unallowable Costs" section for a complete list of the allowable and unallowable costs associated with the particular program for which you are applying. Including unallowable items on your application may delay the processing of your application and could ultimately result In the denial of your request. IFINAL 50S 2007 2008 BUDGET NARRAllr-- II ~~~.~II!Vl..I"Alf;,-il/j~nll MEMORANDUM OF UNDERSTANDING Please refer to the COPS Application Guide: "How to Apply" section of the program for which you are applying to determine if a Memorandum of Understanding is required as part of your application. [;1] Check here if not applicable Please attach a Memorandum of Understanding (MOU) to your application that defines the roles and responsibilities of the Individuals and partner(s) Involved in your proposed project. Please refer to the program.speclflc portion of the Guide for a complete description of Information pertaining to the required MOU. I II IL II I 16Jl ,- ,I COPS-SOS BUDGET DETAIL WORKSHEET AND BUDGET NARRATIVE Collier County Sherifrs Office FLOllOO DUNS 187217526 EIN 596000561 1 COLLIER COUNTY SHERIFF'S OFFICE - NAPLES, FLORIDA 34112 General Information Collier County, Florida, is located on Southwest Florida's gulf coast. Collier County is the second fastest growing metropolitan area in the nation, according to the 2000 U.S. Census. With a total area of 2,305 square miles, Collier County is the largest county in Florida and is larger than the states of Rhode Island and Delaware. Collier County's growth acts to diversify the racial and ethnic composition of the population, allowing the county and its residents the opportunity to have a myriad of cultural experiences. It has also brought the issues of public safety as a result of juvenile delinquency and gang involvement to the forefront. There has been a marked increase in the population by race including Black or African American, Hispanic or Latino, Asians, Pacific Islanders, and 8.4 % of the population consists of other races. The cultural and economic diversity extends throughout Collier County. Immokalee is a large farming area where people from other countries with strikingly different cultures are hired to tend the fields and to prepare produce for shipment. Everglades City, in a southern comer of the county, is a remote fishing village made up of lower income residents. The seaside paradises of Naples and Marco Island have two of the highest concentrations of foreign and domestic dignitaries, businesses and other high profile individuals in the State of Florida. As one travels from the seaside areas toward eastern (Immokalee) and southern (Everglades) areas in Collier County, dramatic differences in economic status and way of life are apparent between the affluence of Naples and Marco Island and the poverty ofImmokalee and Everglades City. The sheer size and complexity of Collier County is a prime environment for juvenile delinquency and gang involvement and has created a daunting task for law enforcement. With that said, here is the Budget Detail Worksheet and Budget Narratives that include justification for unbudgeted items that will help the Collier County Sheriffs Office address Securing Our Schools using the community policing philosophy in this new Delinquency Reduction and Compliance grant program. BUDGET DETAIL WORKSHEET Purpose: The Budget Detail Worksheet may be used as a guide for assistance with the two year budget and budget narrative. A. Sworn Officer Positions - Not Applicable $ o B. Civilian/Other Personnel- Not Applicable $ o C. Equipment/Technology - $44,876 8 Com utation 8 cameras X $327 - $2,616 Per Item Subtotal s $2,616 2 servers with audio @ $327 each 5 Tough Traveler or comparable laptops @ $3,010 each 60 hand held metal detector wands $139 each 25 AlcoHawk ABI or comparable alcohol testers @ $120 each 10 TRENDnet or comparable an/tilt cameras $187 each 1 0 Flashcam (flashlight camera combos) or comparable flashlight camera combos $1,400 each D. Other Costs - E. Supplies - Not Applicable F. Travel- G. Contracts/Consultants H. Indirect Costs 5 laptops X $3,010 - $15,050 60 hand held metal detector wands X $139 = $8,340 25 alcohol testers X $120 - $3,000 10 pan/tilt cameras X $187 - $1,870 10 flashlight camera combos X $1,400 = $14,000 TOTAL TWO YEAR PROJECT COSTS Budl!et Summary Bud et Cate or A. Sworn Officer Positions B. Civilian/Other Personnel C. E ui ment/Technolo D. Other Costs E. Su lies F. Travel/Trainin G. Contracts/Consultants H. Indirect Costs TOTAL PROJECT COSTS Federal Request $22,438 $22,438 Non-Federal Amount 3 Amount $0 $0 $44,876 $0 $0 $0 $0 $0 $44,876 1 $15,050 $8,340 $3,000 $1,870 $14,000 $ o $ o $ o $ o $ o $44,876 16Jl BUDGET NARRATIVE This budget narrative closely follows the content of the budget worksheet and provides justification for all proposed costs. A. Personnel- Not Applicable $ o B. Civilian/Other Personnel $ o C. Equipment/Technology $44,876 Ethernet Dav/Nil!ht Camera Seryers with Audio - The Collier County Sheriffs Office has the community policing Deputy presence and visibility in and around schools. A substantial difference can be made with appropriate equipment to capture "hot spot" occurrences, such as gang activity. We anticipate that as a result of tasks that Deputies perform with the aid of unbudgeted state-of-the art equipment, juvenile crime will be reduced, if not halted altogether, to make a substantial difference in the way of life in and around schools and neighborhoods in Collier County. Delinquency and Gang Unit officers need to be equipped with video/audio systems designed to allow officers to capture criminal activity in progress. Collier County's geographical characteristics create many environments where citizens become easy targets for those who would take advantage of others. Internet day/night camera servers will help in the fight against juvenile crime. The equipment benefits will include increased conviction rates, reduced time for court proceedings and litigation, increased officer safety, a reduction in unwarranted lawsuits and complaints, officer accountability, and usefulness in training. The law enforcement community recognizes that camera recording protects both the Deputy and the public, providing critical documentation that maintains public confidence in the Deputy's ability to enforce the laws with due deference to individual liberties. Camera recordings can also be used to train new officers through the evaluation of real-life situations and responses with juveniles. The purpose of the camera servers are to promote officer safety and improve community policing effectiveness in and around schools and other neighborhoods. The technology may serve as a deterrent to assaults on officers, as a coaching/and training device to Deputies, and as evidence in trials. It will also serve as a valuable tool for assuring police integrity. Deputies will be able to use the technology to achieve grant objectives. The systems will go towards providing an accurate record of the interactions between police and private citizens. The importance of this recording lies primarily in its evidentiary use in our judicial system. There are many times where written evidence has been allegedly falsified, mislaid or misrepresented. Countless cases exist where innocent people have been framed or have had adverse inferences drawn on their character because they have not been able to back up their written testimony by a visual/audio reference. Sometimes information leading to an incident is not altogether clear. The camera servers will assist in putting together the puzzle of facts surrounding cases. If the system is recording events, the system will help to give a clear picture of what events occurred leading up to an incident, as well as allow investigative techniques in areas where law enforcement presence would hinder investigative efforts. This system would 4 ""' oI.odl also provide for identification of subjects involved in any criminal activity. Other benefits from the camera servers will allow the recording of searches which will provide occupational health and safety benefits to Deputies and will generally serve as an anti-corruption mechanism for the public. An actual picture of an illegal event is the best evidence. Collier County residents will be duly served through proactive prevention and enforcement activities enabled through documentation resulting from the use ofthe camera servers. The proposed program will develop and maintain close working relationships with the State Attorney's Office. The use of camera equipment will be for documentation and surveillance of illegal activity taking place in and around school campuses and of juveniles involved in delinquent acts outside of school. The delinquent actions captured with the use of this equipment will be accessible to all law enforcement investigators and judicial personnel. The equipment would consist of eight Ethernet auto-senses and auto MDIX advanced day/night internet camera servers at $327 or 8 camera servers X $327 totals $2.616. The equipment of choice is American made. Lantops - Computer equipment is needed to achieve the agency objective to use community policing to resolve juvenile delinquency and gang involvement issue cases. We should call this cyberspace community policing because the Internet is needed and used as a vital connection between agencies to share information, to prevent and solve crimes, and to increase agency efficiency. Laptops are needed by juvenile delinquency and gang unit investigators to access other county security problems and/or databases online. This agency has very stringent rules about online use. For security reasons, stand alone laptops are used for accessing confidential information as used in these situations. Laptops would allow investigators/deputies to access surrounding counties law enforcement databases to complete searches of subjects who are involved in juvenile delinquency or on juvenile monitoring programs and/or documented as gang associates/members. The laptops will also integrate with the requested camera server equipment so juvenile crimes in progress can be captured online in nearby vehicles. Five Tough Traveler or comparable laptops are estimated to cost $3,010 each or 5 X $3,010 totals $15,050. The equipment of choice is American made. Metal Detectors - The use of metal detector searches is part of an enhanced comprehensive safety plan that includes the use of hand-held metal detector wands in and around schools or other areas of Collier County where juvenile delinquency and gang involvement are on the rise. Such searches will meet the guidelines established for the searches. The decision to use metal detection devices is based on incidents of weapons and other serious incidents when metal detection devices should have been available. Usage of the detectors will be set forth in writing and communicated to the entire school community. These are items not utilized by the schools and would be instrumental in school security during large events where security would be an issue. These metal detectors are hand held wands and will be utilized to complete a non- intrusive weapons check of persons entering a large function and in and around schools where the potential for violence is heightened, such as at concerts and fairs. It is known that some events attract a large segment of juvenile delinquents or gang associates/members. Metal detection wands are being sought for all 60 Youth and Delinquency Services Division Deputies and Gang Unit and SHOCAP Unit Investigators. 60 hand held metal detector wands are estimated to cost $139 each or 60 hand held metal detectors X $139 totals $8,340. The equipment of choice is American made. 5 161j - if _.. Alcohol Testers - Even though a small number of juveniles are responsible for a large proportion of juvenile crime, research shows that these juveniles commit their first offense at an early age and even at this early age, these juveniles display a variety of serious problems indicative of an at-risk juvenile including one of the five main risk factors - substance abuse. This risk factor includes not just arrests for drug or alcohol possession or sale, but the effect of substance abuse on their behavior. Using alcohol or drugs lowers a juvenile's inhibitions, making it easier to engage in criminal activity. Alcohol is the drug of choice by juveniles in Collier County. Personal accountability for actions and decisions is the foundation of a civilized society. Children should be taught both in schools and at home decision making processes to learn there are swift consequences for poor decisions. To reinforce these lessons, law enforcement must try hard to make the system work in providing consequences at all levels of criminal severity including underage drinking. Having alcohol breath testing devices will assist this agency in addressing the prevalent alcohol consumption use of juveniles in Collier County. Breath analytical instruments are low cost, highly accurate, rapid analytical systems that simply and painlessly collect a sample and calculate a result. Leaders in education, govemment, public health, law enforcement, and prevention say that the problem of drinking in minors is serious in the U.S. and growing worse. Juvenile crime, truancy rates, doing poorly in school, disruptive and anti-social behavior, reducing juveniles from becoming sexually active at a younger age are only a few of the prevention benefits of addressing alcohol consumption by minors in Collier County. Twenty five breath testing devices are needed by Deputies in the Youth and Delinquency Services Division, Gang Unit and SHOCAP Unit Investigators to help minors deal with the rampant availability and use of alcohol and to learn to say no to alcohol usage temptations to prevent involvement in criminal activities in and around schools and throughout Collier County, that would otherwise not occur. We are requesting funds to purchase 25 AlcoHawk ABI or comparable alcohol testers for availability for use by Youth and Delinquency Services Division Deputies, Gang Unit and SHOCAP Unit Investigators @ $120 each or 25 X $120 totaling $3,000. The equipment of choice is American made. Wireless Advanced Pan & Tilt Internet Camera Seryers: People depend on law enforcement officers to protect their lives and property. Duties are performed in a variety of ways. During the course of their shifts, the officers may identify, pursue, and arrest suspected criminals; resolve problems within the community, and enforce traffic laws. Regardless of job duties, officers at all levels must maintain meticulous records that will be needed if they testify in court. As mentioned with the previous camera related request, cameras will go towards providing an accurate record of the interactions between police and private citizens. The law enforcement community recognizes that camera recording protects both the Deputy and the public, providing critical documentation that maintains public confidence in the Deputy's ability to enforce the laws with due deference to individual liberties. State of the art surveillance equipment results in increased conviction rates, reduced time for court proceedings and litigation, increased officer safety, a reduction in unwarranted lawsuits and complaints, officer accountability, usefulness in training, etc. The purpose of the Wireless Advanced Pan & Tilt Internet Camera Servers needed by the CCSO is to promote security in and around schools, officer safety, and improve community policing effectiveness. Deputies will be able to use the technology to achieve grant objectives. Camera surveillance can be a potent tool for law enforcement. The requested camera servers are full-featured surveillance systems that 6 ;[ 6J 1 provides high quality video over a wireless network connection. Built-in CPUs and Web Servers allow the cameras to function as stand alone devices, allowing users to access the cameras anywhere in the world by using a Web browser. Users can also move the cameras remotely in almost any direction, scanning sensitive locations for unauthorized intrusion. The cameras come with CMOS sensors to deliver clear and crisp images, and its powerful IPView software gives users enhanced security options to archive streaming video straight to a computer's hard drive. IPView software can also monitor multiple cameras on a single screen, enable motion detection to trigger automatic recording, and send email alert notifications. Pan, tilt, and zoom (PTZ) cameras are some of the most versatile cameras on the market. They can pan (move left and right), tilt (move up and down), and zoom in or out. Additionally, PTZ domes can: often be programmed to patrol movements to allow users to PTZ into a specific area with a push of a button. The camera's motion can be remotely controlled with a keyboard. Preset patterns can also be triggered automatically even when the user is not near the keyboard. This is done by connecting devices such as magnetic door contacts, motion detectors, and panic buttons directly to the camera. When a certain device is triggered, the camera can move to look in a predetermined specific location. Ten wireless advanced pan, tilt, zoom Internet camera servers will be available for use by Youth and Delinquency Services Division Deputies, Gang Unit and SHOCAP Unit Investigators @ $187 each or 10 X $187 totaling $1.870. The equipment of choice is American made. Flashlil!ht Cameras: Addressing school violence issues are difficult and multifaceted and there are safer ways to create safer surroundings in which to learn. The partnership created between the Collier County Sheriffs Office and the Collier County Public Schools, along with other community partners, have created a county-wide effort to address security in and around our schools. Revolutionary surveillance equipment is required by law enforcement to report on the type of crimes in the county and suggest ways to make schools safer. Crime, drugs, and violence prevention efforts can take on a larger scope of deterrence resulting in safer learning environments than are currently available. As mentioned with the previous two camera related requests, cameras will go towards providing an accurate record of the interactions between police and private citizens. The importance of this recording lies primarily in its evidentiary use in our judicial system. There are many times where written evidence has been allegedly falsified, mislaid or misrepresented. Countless cases exist where innocent people have been framed or have had adverse inferences drawn on their character because they have not been able to back up their written testimony by a visual/audio reference. Sometimes information leading to an incident is not altogether clear. Flashlight cameras (Flashcams) are needed to assist in putting together the puzzle of facts surrounding cases. If the Flashcam is recording events, the Flashcam will help to give a clear picture of what events lead to an incident. Other Flashcam benefits will allow the recording of searches which will provide occupational health and safety benefits to Deputies and will generally serve as an anti-corruption mechanism for the public. An actual picture of an illegal event is the best evidence. Collier County residents will be duly served through proactive prevention and enforcement activities enabled through documentation resulting from the use of the camera servers. The flashlight/camera combination is needed for many operations when it comes to dealing with juveniles. Juveniles are becoming a high liability subject. Just a few examples of when the Flascam can be used are for recording juveniles when they are drinking or 7 J 6JJ " purchasing alcohol, recording spontaneous admissions to use of alcohol and other substances, and recording all involved at a "house party". The camera is covert and non-intrusive. Natural suspect behavior is not compromised. Officer safety is not compromised because of the flashlight being normal equipment. Liability issues are reduced when dealing with juveniles because the recording is automatic. The Flashcam can be used for many other situations. The idea behind the Flashcam is that Deputies already use flashlights in their normal routine. Therefore, an officer is not inclined to change their routine of handling the Flashcam. Officer safety is an issue if the Deputy has too much to tie up his/her hands. The Flashcam allows for free movement for the Deputy. An example would be when taking information and having to write, the camera still operates while the information is taken. The officer can be recording if the subject threatens the officer, makes overt movement, or has an admission. The Flashcam has added features that allow the Deputy to have more confidence in dealing with sensitive issues. In this modem day of technology, it is almost imperative that officers have a recording of almost every situation they are in. The Flashcam does record, but, it does not allow the user to delete what is recorded. The only way to get the information is to download it to a computer through the USB plug that comes with the Flashcam. Experience shows that if there is a recording, the suspect usually does not go to court and wants to plead. There are no easy answers to the susceptibility of crime and violence in and around schools but we think that the use of different types of cameras will result in establishing a way to secure our schools through, if nothing else, the reputation of this agency in showing that anything that is illegal off campus is illegal on campus and there will be zero tolerance for weapons, alcohol and illegal drugs that could result in crime and violence. Funding will allow the CCSO the opportunity to enhance safety equipment to promote school safety enhancement efforts in Collier County. Flashcams, double as a flashlight and camera in one piece of equipment, will be available for use by Youth and Delinquency Services Division Deputies, and Gang Unit and SHOCAP Unit Investigators @ $1,400 each or 10 X $1,400 totaling $14.000. The equipment of choice is American made. D. Other Costs - Not Applicable $ 0 E. Supplies - Not Applicable $ 0 F. Travel/Training $ 0 G. Con tracts/C onsultan ts $ 0 H. Indirect Costs $ 0 TOTAL PROJECT TWO YEAR-COST $44,876 Federal Request $22.438 Non-Federal Amount $22.438 SUMMARY: 8 1 h /7"'''''0-. ... ., · This budget is complete, detailed, reasonable, allowable, and cost effective in relation to the proposed activities. · There are no indirect donations to be contributed to the program. · These project costs are not allocated or included as a cost to any other federally financed program. · These project costs are necessary and reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. · These project costs are authorized by Federal or Florida Statutes or local laws and regulations that are in effect at the time the grant is awarded. · These project costs are treated consistently with policies, regulations and procedures that apply uniformly to other grant recipient activities. · These project costs are net of all applicable credits. · Federal funds will not be used to supplant local funds. · All project costs will be expended or obligated during the approved grant period. · The source of match is a cash match and represents no less than fifty (50) percent of the project's two-year cost. Our specific source of matching funds is from Confiscated Trust Funds or the General Operating Budget. The match will be available at the start of the grant period. · Maximum open and free competition is required in the procurement process. · The OCO threshold established by the Collier County Sheriffs Office is $1,000. . There are no Indirect Costs in the budget. · These grant funds will be used, to the greatest extent practical, to purchase American- made equipment and products. · Enhanced communications systems, wherever feasible, will be incorporated into intra- or inter-jurisdictional strategies for communications interoperability among federal, state, and local law enforcement agencies. JhlSOSIFINAL SOS 2007 2008 BUDGET NARRA rIVE 9 Other Attachment File(s) J.6Jl * Mandatory Other Attachment Filename: 150S 2007 2008 CCPS Letter.doc II Delete Mandatory O1I\erAUa<:llm.~lj I VI...... Mai1datQry Other AIlaOl1menl I To add more "Other Attachment" attachments, please use the attachment buttons below. I AI!!f Opllo~ OIlIer AIlachlnerit II Deleljt Opl/on~Ot"'r AlllltIm:I~q I ..... 0ptI0J)81 OllW Allachlnerit I .. ~-':>~irlC.ChOO/ll'l ~~~ "'.... Co Collier COIl~ OFFICE OF THE SUPERINTENDENT 5775 Osceola Trail Naples, Florida 34109-0919 (239) 377-0212. FAX (239) 377-0206 16J1 May 21. 2007 United States Department of Justice Office of Community Oriented Policing Services (COPS) 1100 Vermont Avenue, NW Third Floor Washington, DC 20530 Attn: COPS Secure Our Schools Manager Re: COPS Secure Our Schools (SOS) Grant Application By the Collier County Sheriffs Office To Whom It May Concern: On behalf of the Collier County Public Schools (CCPS) I am informing you that we support the Collier County Sheriffs Office (CCSO) effort to obtain the COPS Secure Our Schools (SOS) Grant. The CCPS and the CCSO have shared a cohesive and supporting working relationship for many years, addressing the numerous aspects of juvenile problems and school safety in and around the 43 CCPS. and in the community. The CCPS is committed to the common goal of this grant to enhance public safety through the implementation of community policing strategies in this jurisdiction to accomplish innovative programs that respond directly to the emerging needs to shift law enforcement's focus to prevent, rather than react to crime and disorder. The COPS Secure Our Schools (SOS) Grant will benefit our community collectively. The collaboration between CCPS and CCSO has resulted in innovative programs to prevent crime. With this new SOS initiative, the hand held metal detector, the remote camera system, and the breathalyzer equipment will assist with the development of school safety resources and will encourage the continuation and enhancement of school security efforts within our communities. The CCPS and CCSO want to be in the forefront of innovative school safety developments and our collaborative efforts in implementing the use of the grant funded equipment will provide us the opportunity to provide these measures. As Superintendent of Collier County Public Schools, I am an advocate for the award of this grant to the Collier County Sheriffs Office. We look forward to partnering with the CCSO with this school project, as CCPS has with four COPS In Schools Grant Programs, in their mission to deter juvenile delinquency and improve security. Sincerely, ~ Superintendent Jk'SOS:CCPS .Illpport lell~r ]007 COLLIER COUNTY CHARACTER EDUCATION TRAITS Citizenship Cooperstlon Honssty Rsspecl Rssponslblllty Klndnea Ssff-Conlrol Patriotism Perseverance Tolerance THE COLUER COUNTY PUBLIC SCHOOL SYSTEM IS AN eQUAL ACCESS I eQUAL OPPORTUNITY INSTITUTION FOR EDUCATION AND EMPLOYMENT, 1-- .~---t------ .c. Q.uter 1'fO~8 Expiration Date: 02/29/2008 Application Attachment to SF-424 OFFICIAL PARTNER(S) CONTACT INFORMATION 0 Not Applicable (If your application does not require an official partner. please check here) An official "partner" under the grant may be a governmental or private entity that has established a legal, contractual. or other agreement with the applicant for the purpose of supporting and working together for mutual benefits of the grant. Please refer to the program-specific portion of the Guide for a complete description of partnership requirements under the grant program for which you are applying. . Title I Superintendenl~Collier County Public Schools l Prefix IMr I . First Name I Raymond I Middle Name I I . Last Name ISaker I Suffix IPhD I * Name of Partner Agency leomer County Public School District I . Type of Partner Agency (e.g., School District) I School District I . Street Address 1 15775 Oseola Trail I Street Address 2 I I . City I Naples I County I Collier I . State L FL: Florida I Province I J . Zip Code [34109 I . Country I USA: UNITED STA:TES I . Telephone 1239-377-0212 I Fax I I . E-mail I naidende@collier.k12f1.us I Application Attachment to SF-424 OMlu6.J101oo9Bf ~ Expiration Date: 02/29/2008 OFFICIAL PARTNER(S) CONTACT INFORMATION '* Title I I Prefix I I * First Name I I Middle Name I I .. Last Name I I Suffix I I " Name of Partner Agency I I '* Type of Partner Agency (e.g., School District) I I " Street Address 1 I I Street Address 2 I I " City I I County I I " State I J Province I I .. Zip Code I I " Country I I " Telephone j I Fax I I " E-mail I I Application Attachment to SF-424 l6J 1': OMS Number: 1103-0098 Expiration Date: 02/29/2008 OFFICIAL PARTNER(S) CONTACT INFORMATION . Tille I I Prefix I I ~ First Name I I Middle Name I I . Last Name I I Suffix I I . Name of Partner Agency I I . Type of Partner Agency (e.g., School District) I I . Street Address 1 I I Street Address 2 I I . City I I County I I . State I I Province I I . Zip Code I I . Country I I . Telephone I I Fax I I . E-mail I I Application Attachment to SF-424 oMlu6ec /'o~o::T '. EXpiration Date: 02/29/2008 ' OFFICIAL PARTNER(S) CONTACT INFORMATION . Title I I Prefix I I 1t First Name I I Middle Name I I . last Name I I Suffix I I . Name of Partner Agency I I . Type of Partner Agency (e.g., School District) I I . Street Address 1 I I Street Address 2 I I . City I I County I I . State I I Province I I . lip Code I I . Country I I . Telephone I I Fax I I . E-mail I I Please attach additional partner information pages, jf necessary_ If you attach additional pages, please ensure that lhese partners have also signed the Certification of Review and Compliance Page I 11~*"Alle,cltl1]~I,':~ I II I Application Attachment to SF-424 1 6 J 018 Numbe,,~,o3-0098 Expiration Date: 02/29/2008 CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE WITH REQUIREMENTS The signatures of the applicant's Authorized Organizational Representative (on-line applications only). Law Enforcement Executive/Program Official and Government Executive/Financial Official, and any applicable program partners on the Certification of Review and Representation of Compliance with Requirements' 1) Assures the COPS Office that the applicant will comply with allle9al, administrative, and programmatic requirements that govern the applicant for acceptance and use of federal funds as outlined in the applicable COPS Application Guide; AND 2) Attests 10 the accuracy of the information submitted with this application (including the Budget Detail Worksheets). The signatures below must be made by the actual executives named on this application unless there is an officially documented authorization for a delegated signature. If your jurisdiction has such an official document, it must be attached to this application. Applications with missing, incomplete, or inaccurate signatures or responses may not be considered for funding. Stamped or electronic signatures (unless applying online via Grants,gov) also will not be accepted. Original signatures are required. Faxed copies will not be accepted. Applications postmarked after the final application deadline date may not be considered for funding Signatures shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws, andlor is not cooperating with an ongoing federal civil rights investigation, and/or is not cooperating with a COPS Office compliance investigation conceming a current grant award. By signing below, I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government Authorized Organizational Representative's Signature: I Completed Upon Submission to Grants.gov I Date: ICompleted Upon Submission to Grants.gov I Law Enforcement Executive/Program OffiCial: Prefix IMr. I * First Name ~ Middle Name I * Last Name I Hunter SUffiX~~ Signatu~-LJ ~ t, /b/t!? I I Date: ICompleted Upon Submission to Grants,gov I Government Executive/Financial Official: Prefix IMr. Middle Name I * Last Name I * First Name I James Suffix I Coletta 4~~~ 1/ / Date: ICompleted Upon Submission to Grants.gov I Signature: AlI.....neet &. Cortl"catlon. CII.~ 110.. to l'O<\<land print Signing this page also assures the COPS Office that you have read, understand, and agree, if awarded, to abide by the grant terms and conditions as outlined !tlJre' Assurances and Certifications. The signed hard copy of the Assurances and Certifications should be kept in the agency's files ancHu~~JtJPo~ request. ,';' ...... ". .. i,,.;,, -':.l ..\.p.ptO<<I~ A.~ '<;.0 tC''fc.\:'J:;, ;-.+;'~d :",l{";:~"~ /-: ..._..~~ Pd~..._:.._._ 1&1-'1- ~~f<uk ~___....._~s n to ClaJ...... . A..l:L~:.';~ t:t;".':.lHy -'.Hl.l'.."'j':lJ' U.S. Department of Justice Office of Community Oriented Policing Services 16Jl @ Certifications Regarding Lobbying; Debarment. Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CPR Part 69, "New Restrictions on Lobbying," 28 CFR Part 67, "Government-Wide Debarment and Suspension (Nonprocurement)," 28 C['lt Part 83 Government-Wide Requirements for Drug-Fl.ee Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Commnnity Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A No federal appropriated funds have been paid or will be paid, by or on behalf of the unden::igned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agt.'t1cy, a member of Congress, an officer or employee of Congress, or an employee of a member of Con,gress in connection with this federal grant or cooperative agreemen t, the undersigned shall complete and submit Standard Form - 1.11.., "Disclosure of l,obbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as dcfincd at 28 CFR Part 67, Section 67.440 - A. "Ibe applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal bmcfits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility. (ill) Are not presently indicted for or otherwise criminally or civilly charb>ed by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three-year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this cc::rtification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees, as defined at 28 CPR Part 83, Sections 83 and 83.510 - A. The applicant certifies that it will, or will continue to, provide a drug-free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacmre, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on-going drug-free awareness program to inform employees about - 16Jl (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a d:rug~frce workplace; (c) Any available drug counseling, rehabilitation and employee assistance probn'ams; and (d) The penalties that may be imposed upon employees for drug- abuse violations occurring in the workplace; (ill) Making it a requirement that (.oach employee to be engaged in the performance of the grant be b>1ven a copy of the statement required by p.u:agraph (1); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) NotifY the employer in writing of his Of her conviction fOf a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position tide, to: COPS Office, 1100 Vermont Ave., N\V, Washington, DC. 20530. Notice shall include the identification number(s) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - Grantee Agency Name and AJdrcl'1s: Collip-r County Sheriff'!=; 3301 Tamiami Trail East, N~plp~. p] ,All? (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federa~ state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), (ii). (iii). (iv). (v) ,nd (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, :lip code) Collier County Public Schools Collier Countv, Florida 34109 Check D if there are workplaces on file that are not identified here. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Office Bldg. J Grantee IRS/ Vendor Number: '1Qf1000'1f1 1 Dot" 6/12/07 ~~ Ii 'ti i . "J' . ,. I;~ - ~;'~I,~' ~. ~,.' I - / · rr False statements 01' claims made i.n connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify dIat the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. Typed Name and Title of Law Enforcement Executive (or Official with Programmatic Authority, as applicable): James Typed Name and Title of Government Executive (or Official with Fi.nancial Authority, as applicable): Signature: County Board of County Commissioners APP"Ja; ~-~~W~h"'~~1 .\1. "'~-,. ...'~,O'_' ',-",<';. ~."<>t,,,, "t,~;..,_.'",." .'i,..t,,...,.,,,..,... ,.. Date: &,/6 itJ 7 I I updated: December /0, 2004 e/2042636 u.s. Department of Justice Office of Community Oriented Policing Services 16'/1 ~ Assurances Sev~al provisions of federal law and policy apply to all grant programs. We (the Office of Community Oriented Policing Services) need to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421-6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with alllegai and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant aSSU1"es us that: 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.s.e. ~ 1501, etseq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, partirularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70; OMB Circular A-87, A-21, A-122 or the Federal Acquisition Regulations, as applicable (governing cost principles); OMB Circular A-B3 (governing audits) and other applicable OMB cirrulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 28 CFR Part 38.1; and with all other applicable program requirements, laws, orders, regulations, or circulars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.c. ~ 3789(d)); Title VI of the Civil Rights Act of 1964, as amended (42 U.s.e. ~ 2000d); the Indian Civil Righ" Act (25 u.s.e II 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.s.e. ~ 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.c. ~ 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.e. ~ 6101, et seq.); and Department of Justice Non- Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW; Washington, nc. 20531. B. Grantees that have 50 or more employees and grants over $500,000 (or over $1,000,000 in grants over an eighteen-month period), must submit an acceptable Equal Employment Opportunity Plan ("EEOP") or EEOP short form (if grantee is required to submit an EEOP under 28 CFR 42.302), that is approved by the Office of Justice Programs, Office for Civil Rights within 60 days of the award start date. For grants under $500,000, but over $25,000, or for grantees with fewer than 50 employees, the grantee must submit an EEOP Certification. (Grantees of less than $25,000 are not subject to the EEOP requirement) 9. Pursuant to Department of Justice guidelines aune 18, 2002 Federal Register (Volume 67, Number 117, pages 41455-41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs aod activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review; it has made this application available for review by the state Single Point of Contact. 16tJ 1 12. It will submit all surveys, interview protocols, and other information collectiom to the COPS Office for submission to the Office of Management and Budget for clearance under the Papcrwork Reduction Act of 1995 if rCljuircd. 13. It will comply \\fith the IIuman Subjects Research Risk Protections rel..Juin:mcnts of 28 CJIJ{ Part 46 If any part of the funded project contains non-exempt rcs<..::uch or statistical activities which involve human subjects and alw with 28 CI;R Part 22, rc,-!uirlllg- tht: safq..,TtUfding of individually identifiable information collected from research participants. 14. Pursuant to Executive Order 13043, it will enforce on-rhe-job scat belt polici!.::> and programs for employees when operating agency-owned, rented or personally-owned vehicles. 15. It will not use COPS funds to supplant (replan:) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention rel.)uirement, 1t will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of one full local budget cycle following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a J\lcmber of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, all)' legislation, law ratification, policy or appropriation whether before or after the introduction of an)" bill, measure, or resolution proposing such Ie~slatioll, law, ratification, policy or appropriation as set forth in the Anti-Lobby 1\ct, 18 U.S.c. 1913. I'alse stakmcnts or claims m;ide in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from partiL;pating in federal grants or cootracts, and/or any other remedy available by law. J certify that the assumllces provided arc true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its oblig3tiol1s under this grant. Sih'11atUt"e ) Date hnancial, uthority, as applicable) James Coletta:, Chairman, Collier COllilty Board of COllilty Ccmnissioners ATTB8T",.. ... - .... ."...... '.?~,:,'" -k ttetl Q ti): C!1411"1l14A S ~1~Jlot~rt. 0,,11- "J\ ~/c, II) 1 Date / / ;t.9p.r~}'J\)1l 0,.;<1 ':~, ,'. ., 'r ","' f(k~ 16 .M. ~tlNl1~tl A~DiIf updated. May 19, 2005 e 12042636 Application Attachment to SF-424 16\' '; OMS Number: 116S>{)098 Expiration Date: 02/29/2008 Official Partner{s) Signature: Prefix IMr I First Name I Raymond I Middle Name I I Last Name IBaker I Suffix IPhD I Signature: Date: ICompleted Upon Submission to Grants.gov I Prefix I I First Name I I Middle Name I I Last Name I I Suffix I I Signature: Date: I Completed Upon Submission to Grants.gov I Prefix I I First Name I I Middle Name I I Last Name I I Suffix I I Signature: Date: ICompleted Upon Submission to Grants.gov I Prefix I I First Name I I Middle Name I I Last Name I I Suffix I I Signature: Date: I Completed Upon Submission to Grants.gov I GRANTS.GOV NOTE: When applying online via Grants.gov, the Authorized Organizational Representative's signature wilt be the only signature submitted online. However, the Law Enforcement Executive/Program Official and the GDvernment Executive/Financial Official signatures, as well as any applicable program partners' signatures, are MANDA TORY and a hard copy of the CertificatiDn of Review and Representation Df Compliance with Requirements should be kept in the agency's files and furnished upon request. Signatures shall be treated as a material representation Df fact upon which reliance will be placed when the Department of Justice determines to award the cDvered grant. PAPERWORK REDUCTION ACT NOTICE The public reporting burden fDr this cDllection of information is estimated to be up to eight average hours per response, depending upon the COPS program being applied for including time for searching existing data sources, gathering the data needed, and completing and reviewing the applicatiDn. Send comments regarding this burden estimate or any other aspects of the collection of this infDrmation, including suggestions fDr reducing this burden, to the Office Df CDmmunity Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, N.W., WashingtDn, D.C. 20530; and to the Public Use RepDrts Project, Office of InfDrmatiDn and Regulatory Affairs, Office Df Management and Budget, Washington, D.C. 20503. YDU are nDt required to respond to this collection of information unless it displays a valid OMS control number. The OMB control number for this application is 1103-0098 and the expiration dale is 2/29/2008. Other Attachment File(s) 16Jl . Mandatory Other Attachment Filename: IFINAL SOS 2007 2008 APPLICATION NARRATIVE.doc II Delete Mandatory Other AUachlllentj I VI~ Mandatory OUter Atlfchmant I To add more "Other Attachment" attachments, please use the attachment buttons below. I Add OiXIonil'Olher Altachlllel\l, II Do..!a OiXIO!1aJ Olhe( A(lachlllenl II V~ Optklnll Other Attechmonl I BUDGET DETAIL WORKSHEETS Ie QmJ 1-~0:7 >1 Expiration Date: 2/29/2008 . Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL011 00 COPS FUNDING REQUEST Federal assistance is being requested under the following COPS Office funding category: * Please select the funding category that was selected on the COPS Application Attachment to SF-424. o COPS In Schools D Tribal Programs o Universal Hiring Program o Community Policing Development Programs D Targeted Programs o Interoperable Communications Technology Program o Secure our Schools A. Sworn Officer Positions No Sworn Officer Positions Requested 0 Instructions: COPS hiring grant programs pay for entry-level salaries and benefits of newly hired, additional sworn law enforcement offjcers for a period of thirty-six (36) months. This worksheet will assist your agency in properly organizing your maximum estimated salary and benefit costs and providing the necessary financial details for review by the COPS Office. Please list the entry-level base salary and fringe benefits rounded to the nearest whole dollar for one sworn officer position within your agency. COPS hiring funds may also be used to pay for entry-level salaries and benefits of newly-hired, additional officers who will backfill the positions of locally-funded veteran officers that will be deployed into community policing specialty areas (i.e.. School Resource Officers). Do not Include employee contributions. Complete part 1 if you are requesting funds for full-time officer positions; part 2 if you are requesting part-time officer positions; and both parts 1 and 2 if you are requesting full and part-time officer positions. Officer Positions Requested: .. Full-time: I I .. Part-time: I Enter the number of new, entry-level fuJI-time and/or part-time officer positions that are being requested. Do not include any officers already funded (or for which funding has been requested) under any other COPS grants or any positions otherwise funded with state, local, tribal, or BIA funds. Your request should be consistent with your agency's law enforcement needs. Do not request more positions than your agency can support and retain. Please complete if your agency is requesting part-time officers: Part-Time Hours: .. What is the average number of hours per week that your part-time COPS officer will work? .. How many hours per week is considered full-time employment? .. What is the average number of hours per year that your part-time COPS officer will work? .. What is the hourly rate for the part-time COPS officer? To calculate the base salary amount for part-time officers, multiply the hourly rate by the average number of hours per year that the part-time COPS-funded officer will work. You will enter this base salary on page 4. Note: There is a funding cap for part-time officers in proportion to the number of hours worked and the maximum federal funding allowed under a particular COPS hiring program. For example, "COPS in Schools" has a maximum federal share of $125,000. The part.time federal funding cap would be calculated as follows: 20 hours/40 hour week = .5 fuJi-time equivalent; part-time federal share cap = .5 X $125,000 (maximum allowed) = $62,500. "The Universal Hiring Program" has a maximum federal share of $75,000. The part-time federal funding cap would be calculated as follows' 20 hours/40 hour week = .5 fuJI-time equivalent; part-time federal share cap = .5 X $75,000 (maximum allowed) = $37,500. 1 6"1JN~b." 1103-0097 Expiration Date: 2/29/2008 .. Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 Instructions: Please indicate the law enforcement agency's cost fOf each of the following categories. Please do not include employee contribution costs. Part 1: Full-Time Officer information Year 1: Current Annual Entry-Level 1st Year Base Salary and Annual Fringe Benefits .. Base Salary: Frinae Benefit ~ % of Base '"Social Security II "'Medicare II Health Insurance II Life Insurance II Vacation II Sick Leave II Retirement II Worker's Camp II Unemployment Ins. II Other II Other II Total Fringe Benefits: I Total Year 1 Salary and Benefits: Additional Information Can't Exceed 6.2% If Exempt Check Here: 0 If Exempt Check Here: 0 Can't Exceed 1.45%. Family Coverage? DYes DNa Number of Hours Annually: 0 Number of Hours Annually: 0 . Describe: . Describe: Year 2: Current Annual Entry.Level 2nd Year Base Salary and Annual Fringe Benefits . Base Salary: Frinae Benefit .Social Security Cost IS) % of Base Additional Information II Can't Exceed 6.2%. If Exempt Check Here: 0 II Can't Exceed 1.45%. If Exempt Check Here: 0 II Family Coverage? DYes DNa II II Number of Hours Annually: 0 I Number of Hours Annually: 0 *Medicare Health Insurance Ufe Insurance Vacation Sick leave Retirement Worker's Comp Unemployment Ins. I II I Other . Describe' Other . Describe: Total Fringe Benefits: Total Year 2 Salary and Benefits: "no funds are budgeted for Social Security, Medicare, Workers Compensation or Unemployment please see Part 3 number 2. " Applicant Legal Name: I Collier County Sheriffs Office 16Jl '<III OMB Number: 11 03~0097 Expiration Date: 2/29/2008 ORI#: II FLD11DD Instructions: Please indicate the law enforcement agency's cost for each of the following categories. Please do not include employee contribution costs. Part 1: Full-Time Officer Information (cont'd) " Base Salary: Year 3: Current Annual EntryMLevel 3rd Year Base Salary and Annual Fringe Benefits Frinae Benefit "Social Security "Medicare Health Insurance life Insurance Vacation Sick Leave Retirement Worker's Camp Unemployment Ins. Other Other Total Fringe Benefits: CasteS) % of Base II II II II II II II II II II II I Total Year 3 Salary and Benefits: Can't Exceed 6.2%. Can't Exceed 1.45%. Family Coverage? Number of Hours Annually: Number of Hours Annually: Additional Information If Exempt Check Here: 0 If Exempt Check Here: 0 DYes ONe CJ CJ " Describe: " Describe: If no funds are budgeted for Social Security, Medicare, Workers Compensation or Unemployment please see Part 3 number 2. .1 6, 10S Num"er: ~03-0097 ~x~tion Date: 2/29/2008 . Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 Instructions: Please indicate the taw enforcement agency's cost for each of the following categories. Please do not include employee contribution costs. Part 2: Part-Time Officer Information Year 1: Current Annual Entry-Level 1st Year Base Salary and Annual Fringe Benefits * Base Salary: Frlnae Benefit Cost (51 % of Base Additional Information .Social Security II I Can't Exceed 6.2% If Exempt Check Here: 0 .Medicare II I Can't Exceed 1.45%. If Exempt Check Here: 0 Health Insurance II I Family Coverage? DYes DNa Life Insurance II I Vacation II I Number of Hours Annually: 0 Sick Leave II I Number of Hours Annually: CJ Retirement II I Worker's Camp II I Unemployment Ins. II I Other II I * Describe: Other II I * Describe: Total Fringe Benefits: I Total Year 1 Salary and Benefits: Year 2: Current Annual Entry-Level 2nd Year Base Salary and Annual Fringe Benefits . Base Salary: Frinae Benefit ~ % of Base *Social Security II *Medicare II Health Insurance II Ufe Insurance ]1 Vacation II Sick Leave II Retirement II Worker's Comp II Unemployment Ins. II Other II Other II Total Fringe Benefits: I Total Year 2 Salary and Benefits: Additional Information Can't Exceed 6.2%. If Exempt Check Here: 0 If Exempt Check Here: 0 Can't Exceed 1.45%. Family Coverage? DYes DNa Number of Hours Annually: 0 Number of Hours Annually: 0 * Describe: * Describe: If no funds are budgeted for Social Security, Medicare, Workers Compensation or Unemployment please see Part 3 number 2. * Applicant Legal Name: I Collier County Sheriffs Office 1 6 ,J 1 OMS Number: 1103-0097 Expiration Date: 212912008 ORI#: II FLOl1 00 Instructions: Please indicate the law enforcement agency's cost for each of the following categories. Please do not include employee contribution costs. Part 2: Part-Time Officer Information (cont'd) * Base Salary: Year 3: Current Annual Entry-Level 3rd Year Base Salary and Annual Fringe Benefits Frinae Benefit .Social Security *Medicare Health Insurance Ufe Insurance Vacation Sick leave Retirement Worker's Camp Unemployment Ins. Other Other Total Fringe Benefits: gQ!1ill Total Year 3 Salary and Benefits: % of Base II II II II II II II II II II II I Can't Exceed 6.2%. Can't Exceed 1.45%. Family Coverage? Number of Hours Annually: Number of Hours Annually: Additional Information If Exempt Check Here: D If Exempt Check Here: D DYes DNa CJ CJ * Describe: * Describe: <<no funds are budgeted for Social Security, Medicare. Workers Compensation or Unemployment please see Part 3 number 2. 16 I ~B Numbe~1103-0097 ... 1 ~iration Date: 2/29/2008 * Applicant Legal Name: I Collier County Sheriff's Office ORI': II FL011 00 Part 3: Sworn Officer Position Budget Summary (all applicants must complete this section) After completing Part 1 and/or Part 2 of this form, answer the following questions. [f necessary, attach an explanation of how you computed salaries and benefits for this worksheet. Be sure to answer EVERY question. Missing or erroneous information CQuld significantly delay the review of your agency's request. * 1. If your agency's second and third-year costs for salaries andlar fringe benefits are greater than the first year, check the reason(s) why In the space below. You must check at least one. o Cost of living adjustment (COLA) o Other- * please explain briefly' o Step Raises D Change in benefit costs 2. If no funds were budgeted for 1) Social Security, 2) Medicare, 3) Worker's Compensation, and/or 4) Unemployment Insurance, your agency must provide an explanation for each omission below: 1) Social Security: 2) Medicare: 3) Worker's Compensation: 4) Unemployment Insurance: </0."1'. (i.. . ..", V f)MS,.,umber: 1103-0097 Expiration Date: 2/29/2008 . Applicant Legal Name: I Collier County Sheriffs Office ORI#, IIFL01100 Part 3 (Continued): 3. Three-Year Projection Please complete the following three-year projection, showing how the federal share percentage and your local matching share percentage (if applicable) will change year by year for one officer Dosition . These figures are projections only and may be adjusted by the grantee throughout the grant period as long as the local share percentage (if applicable) increases each year as the federal share percentage decreases. The percentage of one officer's salary and benefits paid with federal funds must be less in Year 2 than in Year 1, and less in Year 3 than in Year 2. In contrast, the percentage of total officer's salaries and benefits paid with local funds (if applicable) must be more in Year 2 than in Year 1, and more in Year 3 than in Year 2. Please refer to the Application Guide for additional program-specific information and for sample budget examples. Full-Time Computation Three-year salary and benefit costs per full-time position Year 1 ($) Year 2 ($) Year 3 ($) Total. 3 Years ($) .. Federal Share Amount (Percentage must decrease each year) Local Share Amount (If applicable) (Percentage must increase each year) II II II II (line 1 a) II (line 1 b) II II II II Total Salary & Benefits (Federal Share plus Local Share) Part-Time Computation Three-year salary and benefit costs per part-time position Year 1 ($) Year 2 ($) Year 3 ($) Total - 3 Years ($) .. Federal Share Amount (Percentage must decrease each year) II II II II II II II (line 2 a) II (line 2 b) II Local Share Amount (If applicable) (Percentage must increase each year) Total Salary & Benefits (Federal Share plus Local Share) * Applicant legal Name: I Collier County Sheriffs Office 4. Total Sworn Officer Cost Total Federal Share Amount Comoutation Total federal share amount per full-time position from line 1 a Total federal share amount per part-time position from line 2 a Total Local Share Amount Comoutation Total local share amount per full-time position from line 1 b Total local share amount per parHime position from line 2 b Grand Total Comoutation + Box A (Total Federal Share Amount Requested) x Number of full-time positions requested x Number of part-time positions requested x Number of full-time positions requested x Number of part-time positions requested Box B (Total Local Share Amount Requested) 16 = , \-' tMB Numb~r: 1103-0097 Expiration Date: 2f29/2008 ORI#: II FL01100 = = TOTAL FEDERAL AMT. Box A = = TOTAL LOCAL AMT. 80x8 TOTAL SWORN OFFICER COSTS Transfer to Budget Summary line 1 16J 1 ~MB Number: 1103~0097 Expiration Date: 2129/2008 * Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 B. Civilian/Other Personnel No Civilian Personnel Positions Requested III Instructions: Each position must be fisted and computed separately. On this page you can enter one civilian position and then by extracting the Civilian/Other Personnel Attachment form, can enter 9 more unique positions fOf a total of 10. Complete each position in accordance with the instructions. Please remember thai any files you attach on the page must be a PureEdge document. If more than 10 positions are requested please complete additional pages using the Civilian/Other Personnel Attachment form on this page and attach them using the Other Attachments form. . Position Title: I . Base Salary Computation: (( I I X I I) X I I ) ;10 I (Base Salary Subtotal) ((Annual Base Salary($) X Percent of Time Devoted to the Project(%}) X Number of Years Devoted to the Project) % of Base Salarv Subtotal Frinae Benefit ~ Additional Information .Social Security II II II II II II II II II II II I Can't Exceed 6.2%. If Exempt Check Here: If Exempt Check Here: o o *Medicare Can't Exceed 1.45%. Health Insurance Family Coverage? o Yes ONO Life Insurance Number of Hours Annually: Number of Hours Annually: = = Vacation Sick Leave Retirement Worker's Comp Unemployment Ins. Other * Describe: Other * Describe: Total Fringe Benefits: Subtotal Position Salary and Benefits: t_ Important: Please attach your Civilian/Other Personnel position file(s) with the file name of the position title. Each file name must be unique. 1~_lk:"', 1_[' 1......1' I_I I~I" 1.....I>e I~I' I_I" 1.....1 1) Please attach Attachment 1 2) Please attach Attachment 2 3) Please attach Attachment 3 4) Please attach Attachment 4 5) Please attach Attachment 5 6) Please attach Attachment 6 7) Please attach Attachment 7 8) Please attach Attachment 8 9) Please attach Attachment 9 II' .. '-{ ,II II II II II II II II . CIVILIAN/OTHER PERSONNEL TOTAL: (Add together all Subtotals per position) Total CivilianfOther Personnel Cost (Transfer to Budget Summary Line 2) Please Include a detailed posit/on description for all positions listed in the Budget Narrative 16Jl 6MB Number: 1103-0097 Expiration Date: 2/29/2008 * Applicant Legal Name: [Collier County Sheriff's Office ORI#: IIFL01100 B. Civilian/Other Personnel (cont'd) If no funds were budgeted for 1) Social Security, 2) Medicare, 3) Worker's Compensation, and/or 4) Unemployment Insurance, your agency must provide an explanation for each omission below: 1) Social Security: 2) Medicare: 3) Worker's Compensation: 4) Unemployment Insurance: ~ /' '1 0' \) oMs Number: 1103-0097 Expiration Date: 2/29/2008 J, * Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 C. EQUIPMENT/TECHNOLOGY No EquipmentlTechnology Requested 0 Instructions: List non.expendable items that are to be purchased. Non-expendable equipment is tangible property (e.g., technology) having a useful life of more than two years. Expendable items should be included either in the "SUPPLIES" or "OTHER" categories. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially for high-price items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "CONTRACTS/CONSULTANTS" category. If additional budget information is required to be entered for this category please complete the information in an electronic format and attach the document using the "Other Attachments" form found in the Pure Edge forms package. Pursuant to the Science, State, Justice, Commerce, and related agencies Appropriations Act, 2006, P.L.109-108, be advised that, to the greatest extent practical, all equipment and products purchased with these funds must be American-made. For agencies purchasing items related to enhanced communications systems, the COPS Office expects and encourages that, wherever feasible, such voice or data communications equipment should be incorporated into an intra- or interjurisdictional strategy for communications interoperability among federal, state, and local law enforcement agencies. See the COPS Application Guide for a list of allowable/unallowable costs for the particular program for which you are applying. * Unit/Item Description 8 day/night Intemet camera servers with audio * Computation (# of Items/Units X Unit Cost($) ) Per Item Subtotal ($) 81 3270011 2,616.001 51 3,0100011 15,050.001 801 1390011 8,340.001 251 1200011 3,000.001 101 1870011 1,870.00 I 15 Tough Traveler or comparable laptops 160 hand held metal detector wands 25 AlcoHawk ASl or comparable alcohol testers 10 TRENDnet or comparable pan/tilt cameras 10 Flashcam (flashlight camera combos) or comparable flashlight camera combos 101 1,4000011 14,000.001 44,876.00 I Transfer to Budget Summary Line 3 EQUIPMENT TOTAL: Please Include a detailed description for all items listed In the Budget NalTatlve 16Jl I OMS Number: 1103-0097 Expiration Date: 2/29/2008 . Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 D. OTHER COSTS No Other Costs Requested o Instructions: List other requested items that will support the project goals and objectives as outlined in your application. Other costs may include items such as overtime and background investigations for law enforcement officer positions(s) andlor civilian position(s) if allowable under the program for which you are applying. If additional budget information is required to be entered for this category please complete the information in an electronic format and attach the document using the "Other Attachments" form found in the Pure Edge forms package. Pursuant to the Science, State, Justice, Commerce, and related agencies Appropriations Act. 2006, P,L.1 09-1 08, be advised that. to the greatest extent practical, all equipment and products purchased with these funds must be American-made. See the COPS Application Guide for a list of allowable/unallowable costs for the particular program for which you are applying. * Computation * Unit/Item Description (# of Items/Units X Unit Cost($) ) Per Item Subtotal ($) I I I II I I I II I I I II I I I II I I I II I I I II OTHER COST TOTAL: I Transfer to Budget Summary Line 4 Plesse include a detailed description for all items listed in the Budget Nan"Btive o~ I' I 1 J ');..1 O~B Number: 1103-0097 Expiration Date: 2/29/2008 * Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 E. SUPPLIES No Supplies Requested 0 Instructions: List items by type (office supplies; postage; training materials; copying paper; books; hand-held tape recorders; ate). Generally, supplies include any materials that are expendable or consumed during the course of the project. If additional budget information is required to be entered for this ca'egory please complete the information in an electronic format and attach the document using the "Other Attachments" form found in the Pure Edge forms package. See the COPS Application Guide for a list of allowable/unallowable costs for the particular program for which you are applying. . Computation . Unit/Item Description ( # of ItemsfUnits X Unit Cost($) ) Per Item Subtotal ($) I I II I I II I I II I I II I I II I I II SUPPLIES TOTAL: I Transfer to Budget Summary Line 5 Please include a detailed description for ell items listed In the Budget Narrative 16 , "'.1 1MB NumbL: 1103-0097 Expiration Date: 2/29/2008 * Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 F. TRAVEL/TRAINING No Travel/Training Costs Requested [{] Instructions: Itemize travel expenses of project personnel by purpose (e.g., mandatory training, staff to training, field interviews, advisory group meetings). Show the basis of computation (e.g., 6 staff members times the unit cost per person for lodging for 3 days). Training projects, training fees, travel, lodging and per diem rates for trainees should be listed as separate travel items. Show the number of staff attending any event and the unit costs per person involved. Identify the location of travel, when possible. Note: Any local training costs (within a 50-mile radius) should be listed under Section 0 ("Other Costs"). If additional budget information is required to be entered for this category please complete the information in an electronic format and attach the document using the "Other Attachments" form found in the Pure Edge forms package. See the COPS Application Guide for a list of allowablefunaJlowable costs for the particular program for which you are applying. * Computation * Reason for TravelfTraining & Location of TravelfTraining * TravelfTrainlng Item ( # of Staff # of Days X Unit Cost($) X fTrlpsfEvents) Per Item Subtotal ($) I II II II II II TRAVEUTRAINING TOTAL: Transfer to Budget Summary LIne 6 Please include a detailed description and justification for all travel listed in the Budget Narrative. '? 4; , :/ ~;jOMB 'Numb4r: 1103-0097 bcpiration Date: 2/29/2008 * Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 G. CONTRACTS/CONSULTANTS No Contracts/Consultants Costs Requested 0 Instructions: See the COPS Application Guide for a list of allowable/unallowable costs for the particular program for which you are applying. If additional budget information is required to be entered for this category please complete the information in an electronic format and attach the document using the "Other Attachments" form found in the Pure Edge forms package, Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. * Contract Description * Contract Bid Type (Open-Competitive or Sole Source) * Per Contract Subtotal ($) II II II II Contracts Subtotal: I I I I I I(G1) Consultant Fees: For each consultant enter the name (if known), service to be provided, hourly or daily fee (based upon an 8-hour day), and estimated length of time on the project. Consultant fees in excess of $450 per day require additional written justification in the Budget Narrative and must be pre~approved in writing by the COPS Office. * Consultant NamelTitle * Service Provided * Computation (Cost ($) X # of Days or Hours) Per Consultant Fee Subtotal ($) II II II II II II I II II Consultant Fees Subtotal: I I I (G2) Consultant Expenses: List all expenses to be paid from the grant to the individual consultants separate from their consultant fees (e.g., travel, meals, lodging). * Consultant NamelTitle * Service Provided * Computation Per Consultant (Cost (S) X # of Days) Subtotal ($) . I II II I I II II I I II II I I II II I I (G3) Consultant Subtotal: CONTRACTS/CONSULTANTS TOTAL: Contracts (G1) + Consultant Fees (G2) + Consultant Expenses (G3) Transfer to Budget Summary Line 7 Please include a detailed description for all contracts listed in the Budget Narrative. 11;.'1 l' o:Jf Number: 1103.0097 Expiration Date: 2/29/2008 * Applicant Legal Name: I Collier County Sheriff's Office ORI#: I!FL01100 H. INDIRECT COSTS No Indirect Costs Requested o Instructions: Indirect costs are allowed under a very limited number of specialized COPS Training and Technical Assistance programs. Please see the COPS Application Guide for a list of allowable/unallowable costs for the particular program for which you are applying. If additional budget information is required to be entered for this category please complete the information in an electronic format and attach the document using the "Other Attachments" form found in the Pure Edge forms package. If indirect costs are requested. a copy of the agency's fully-executed, negotiated Federal Rate Approval Agreement must be attached to this application. * Indirect Cost Description * Computation * Per Indirect Cost Subtotal ($) I II II I II II I II II I II II I II II I II II INDIRECT COSTS TOTAL: I Transfer to Budget Summary Line 8 16 11 OMS Number: 1103.0097 Expiration Date: 2129/2008 * Applicant Legal Name: I Collier County Sheriffs Office ORI#: IIFL01100 BUDGET SUMMARY Instructions: When you have completed the Budget Detail Worksheets, please transfer Ihe category totals to the spaces below. Please compute the Total Project Amount, Total Federal Share Amount, and Total Local Share (if applicable). Please see the Application Guide for information on the maximum federal share and local matching requirements for the grant for which you are applying. Budget Category Category Total ($) Line # I I 2 44,876.00 I 3 I 4 I 5 I 6 I 7 I 8 44.876.00 I 22,438.00 I 22,438.00 I A. Sworn Officer Positions B. Civilian/Other Personnel C. EqulpmentITechnology D. Other Costs E. Supplies F. Travel/Training G. Contracts/Consultants H. Indirect Costs Total Project Amount: Total Federal Share Amount: (Total Project Amount X Federal Share Percentage Allowable) Total Local Share Amount (If applicable): (Total Project Amount. Total Federal Share Amount) Contact Information for Budget Questions Please provide contact information of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: Prefix: IMr. * First Name: I James Middle Name: I * Last Name: I Coletta Suffix: I * Title: Chairman, Board of County Commissioners * Phone: 1239-774-8097 * E.mail Address: [jimCoretta@colliergOv.net * Fax: 1239.774-3602 PAPERWORK REDUCTION ACT NOTICE The public reporting burden for this collection of information is estimated to be up to 2 hours per response, depending upon the COPS program being applied for, including the lime for reviewing instructions, searching existing dala sources, gathering the budget data needed, and completing the work.sheets. Send comments regarding this burden estimate or any olher aspects of the collection of thill information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, N.W., Washington, D.C. 20530; and to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503. You are not required to respond to this collection of information unless il displays a valid OMS control number. The OMS control number for this application is 1103.0097 and lhe expiration dale is 2129/200a ~btritf 16J1 - DON HUNTER. COLLIER COUNTY 3301 Tamiami Trail Em;t, Bldg - J_ Naples. FL 34112-4902 128g) 774-443'1 wVvw.r;ollr,"rsI10,ifl.0i-'1 INTEROFFICE MEMORANDUM To: Sue Filson Executive Manager Date: October 2, 2007 From: Joyce Houran Grants Coordinator Re: COPS Secure Our Schools Grant Acceptance Sue, attached please a Department of Justice, Office of Community Oriented Policing Services Grant Award document that needs to be signed by BOC Chairman James Coletta, The Grant Award document has been reviewed by Attorney Tom Palmer and the grant item was approved by the BOC on the June 12, 2007 Agenda - Item 16 J ,I (copy attached). Please call me at 793-9346 when the award document has been signed and is ready to be picked up and taken to Records. Thank You, Enclosures (1) JhlcasfSOStl\<Yml "The duty of the Collier County Sheriff's Office is to preserve and protect the II'les. p'''perty and constitutional guarantees of all persons." e., .~..~. , ~ ,~...i ITEM NO: FILE NO. : ROUTED TO: () ~ _ 51f r tfdtJ .s:;; DATE RECEIVED: 16Jl - '.: i, _I' ,,-' !~; 'I 1'..'1'; I I,i DO NOT WRITE ABOVE THIS SPACE ? : ~1 - ,. - ',- <. I IS REQUEST FOR LEGAL SERVICES (Please type or print) Date: September 25, 2007 Office of the Countv Attornev, Attention: Thomas Palmer, Eso. To: From: Carol Goliohltv (Name) (j6 Sheriff's Office Finance Director (Title) (Division) Finance Division (Department) Re: COPS Secure Our Schools (Subject) (SOS) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be soecific, concise, and articulate). On June 12, 2007 the BCC approved Agenda Item 16Jl and agreed to be the coordinating unit of government for the COPS Secure Our Schools (SOS) 2007 grant application, approve the Sheriff's Office grant application when completed, authorize acceptance of the award, and approve associated budget amendments. The Sheriff's Office has received the SOS award and the grant award document needs to be signed by Chairman Coletta. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. June 12, 2007 Agenda Item 16J1 - copy attached. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) cc 1tr 1/~1 Legal approval of documents. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. 01 I jh/d:]e0708 award iicceptance ~ U.S. Department of Justice 16Jl """" Office of Community Oriented Policing Services (COPS) Office of the Director J 100 Vermont Ave., NW Washington. DC 20530 September 10, 2007 Re: Secure Our Schools Program Grant #2007CKWX0089 ORI#: FLOllOO ~~~~n:7~~ C.C.S.O. FINANCE Sheriff Don Hunter Collier County Sheriffs Department 330] Tamiami Trail East, Building J Naples, FL 341124902 Dear Sheriff Hunter: Congratulations! I am pleased to inform you that the COPS Office has approved your agency's request for funding under the COPS Secure Our Schools (SOS) grant program, The official start date of your grant is September I, 2007. Therefore, you can be reimbursed for approved equipment and training expenditures after this date, Please be advised that some of your requested items may not have been approved. Enclosed in this packet is your grant award. The award document must be signed and returned to the COPS Office within 90 davs to officially accept your grant. On the reverse side of the grant award is a list of conditions that apply to your grant. You should read and familiarize yourself with these conditions. Also enclosed in this packet are any special conditions that apply to your grant. These must also be signed and returned in order to officially accept the grant. You must comply with the requirements of any special condition before you are able to draw down grant funds, The method of payment that you can use to access your grant funds is the Phone Activated Paperless Request System, or P APRS, Your award packet contains a number of financial documents, including all the information needed to set up your payments. Once again, congratulations on your award, Should you have any questions regarding your SOS award, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 1.800.421,6770. Sincerely, Q1\(\JQ Carl R. Peed Director I) _____ _.... n__ U. S. Department, 01 MS1lcilt"c1t'" Community Oriented I.~efivices"' Grants Administration Division (GAD) Secure Our Schoqls ,;c;."..r9i'ij ~p7e.~~~n ,- -Ollktl: !i"LO !lOO ApplIcant Organization's Legal Name: Collier County Sheriffs Department OJP Vendor #: 596000561 - - -- ....... .. - - c:tll:WEnfor.ement EXe.ulive: Sheriff Dou Hunter Address: 3301 Tamiami Trail East, Buitding J City, State, Zip Code: Naples. FL 341124902 Telephone: (239) 793-9346 Fax: (239) 193-<1405 'I; Government Executive: Address; City, State, Zip Code: Telephone: Fax: Chairman James Coletta 3301 Tamill!l1i Trial East, Bllilding4' Naples, FL]4n2<f900 e_ (239j71'1-oo<17 (239) 774-3602 A ward Start Date: A ward Amount: 8/31/2009 $ 22,438.00 -- .. ....--- -lh.t- f~~i~ -e- .t list U to ':1It: ir......,. >> ~ \'JII'IIlti.ll"t OIlh 0).,- (~t t I {~. -",~={jjr:- SEP 6 2007 Carl R, Peed, Director Date Don ij\'\nt,rIS1'l~tiff -.c......- '...., ,I ". - -c-CI'ypedNa1l\e ~n; Title of Law Enforcement Elfficial Date James Coletta. Chairman Boe - Typed-Name and Title of Government Official --, -- ... -- -r /wU ;; ,OJ!e It'llse statements or claims made in connection with COPS grants may result in fines,irnpris,rrtrnenti d,d>~fi'rom AW.ro!D, 84526 p~rticipating in federal grants or contracts, and/or any remedy available by law to the Federal Government. AS-Jlovvlld aU", fonr, &l:,~-,\l ""e"_,;,,,-', "._.......~,~';..~;li ~, ;a v' r" Ud c::o..Q .IU.1u%1Ie1 (/ l--s 1Ir--(}tJt:JSO ... ui- II~"::. () JNTYATTORNc' '1 ( 31' ITEM NO: FILE NO. : ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS SPACE ono] ".', 12 H' LUll J,.;:~ Hll 914 ~L r / ~o') & j} Thomas Palmer. Eso. REQUEST FOR LEGAL SERVICES (Please type or print) Date: June 12, 2007 To: Office of the Countv Attornev, Attention: From: Jovce Houran (Name) Grant Coordinator (Title) Finance Division (Department) Re: COPS Secure Our Schools (SOS) (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be snecific, concise, and articulate) . On June 12, 2007 the BCC approved Agenda Item 16J1 and agreed to be the coordinating unit of government for COPS Secure Our Schools (SOS) 2007 grant application, approve the Sheriff's Office grant application when completed, authorize acceptance of the award, and approve associated budget amendments. The Sheriff's Office COPS Secure Our Schools (SOS) 2007 grant application is attached for your review so Chairman Coletta can sign applicable grant documents. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. June 12, 2007 Agenda Item 16J1 - copy attached. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of documents. OTHER COMMENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional officer. }h/lI: le0708appl iC(ll tionsos AGENDA TRANSMItTAL SUP I Proclamations Board of Zonin A eals 10 Coun Mana er's Re ort (13) Other Constitutional Officers Commissioner General X (16) Consent Aaenda Reviewed by: Date: County Manager: Date: Item Title: COPS Secure Our Schools (50S) List of Documents Attached: 1. Executive Summary (required) 3. 5, 2. 4. ~"a ~ I{.;:)I ro/lz-Jo 7 16Jl EXECUTIVE SUMMARY RECOMMEND THAT THE BOAllD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT FOR THE mUTED STATES DEPARTMENT OF JUSTICE COPS SECURE OUR SCHOOLS (SOS) 2007 GRANT PROGRAM. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for the United States Department of Justice COPS Secure our Schools (SOS) 2007 Grant Program. CONSIDERATION: 1. The Collier County Commission has participated in United States Department of Justice COPS school grant programs since 1999. 2. The programs have proven very beneficial to the Collier County schools and to the community. 3. As security threats and incidents increase in schools throughout the United States, enhanced control measures are needed. 4. A COPS Secure Our Schools (SOS) grant would provide funds to assist with the development of additional school safety resources. Funding would allow the Sheriff's Office the opportunity to establish and enhance a variety of equipment to encourage the continuation and enhancement of school safety efforts within Collier County. 5. Board approval is needed for the Collier County Commission to be the local coordinating unit of government for the COPS Secure Our Schools (SOS) 2007 application, approve the Sheriff as the official applicant, approve the Sheriff's Office grant application when completed, and authorize acceptance of the award, and approve associated budget amendments. FISCAL IMPACT: This SOS grant is two years in duration, and agencies are required to contribute a local cash match of 50 percent towards the total cost of the total cost of the approved grant project during the grant award period. It is estimated that the local cash match will be $25,000. The local match will come from Federal Equitable Sharing funds. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Collier County Commission agrees to be the Jocal coordinating unit of government for the COPS Secure Our Schools (SOS) 2007 grant application, approve the Sheriff's Office grant application when completed, authorize acceptance of the award, and approve associated budget amendments. PREPARED BY: ~ 1 ector APPROVED DATE: 16 , = COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA June 12, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, Bee 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 EB!QB. 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 C;UBMITTED 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." 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 of 11 16Jl 5. Commissioner Halas requests Board approval for reimbursement regarding attendance ata function serving a valid public purpose. Attended the Economic Development Council Eastern Collier County Industry and Opportunity Tour on May 30,2007. $20.00 to be paid from Commissioner Halas' travel budget. 6. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Physician Led Access Network (PLAN) of Collier County's Annual Board Meeting and Dinner on May 14, 2007 and is requesting reimbursement in the amount of $25.00, to be paid from his travel budget. I, MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. R CONSTITUTIONAL OFFICERS ~ecom r of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice COPS Secure Our Schools (SOS) 2007 Gr t Pro ram. 2, To obtain board approval for disbursements for the period of May 12, 2007 through May 18, 2007 and for submission into the official records of the board. 3. To obtain board approval for disbursements for the period of May 19, 2007 through May 2S, 2007 and for submission into the official records of the board. 4. To obtain board approval for disbursements for the period of May 26,2007 through June 01, 2007 and for submission into the official records of the board. 5, To Present to the Board of County Commissioners the State Revenue Sharing Application for Fis A Iication. , 'Recommend that the Board of County Commissioners approve a document for Eleventh Year State Criminal Alien Assistance Program (SCAAP) Grant Funds, K. COUNTY ATTORNEY 1. Recommendation to Approve a Stipulated Final Judgment for Parcel 112 in the Amount of $16S,000 in the Lawsuit Styled Collier County v. The Shores At Berkshire Lakes Master Homeowners Association, Inc., et ai, Case No. 06-0828-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $17,200.00) 2. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 178 in the Case Styled Collier County v, Teodoro Gimenez, et aI., Case No. 04- 0561-CA (Vanderbilt Beach Road Project #63051) (Fiscal Impact: $56,000.00). 3. Recommendation to Approve a Stipulated Final Judgment for Parcels 858 and 958 in the Amount of $19,300.00 in the Lawsuit Styled Board of County Commissioners of Collier County v. Grand Cypress Communities, et aI., Case No, 05-1053-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $650.00). 4. Recommendation to Authorize the Making of a Second Offer of Judgment to Respondents, Duffield W, Matson, 11/ and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the Amount of $31,500.00 in the Lawsuit Styled Collier County v. Duffield W. Matson, 11/, et al., Case No. OS-10S4-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $16,350.00 if offer is accepted). 9 of 11 Agenda Item No. 16J1 June 12, 2007 Page 1 of2 -~. JCXI:COT:tVlI: stlMKARY RJ:COHMI!:Im 'l'KAT THE BOARD or COtlNTY COKMISSIONERS SERVE AS THE LOCAL COORIl:IHATING WIT or GOV1l:1WHI!:N'r FOR THE tlNITED STA'1'ES DEPAR'l'ICENT OJ!' J1J'STICE cOPS SI!:ctlR1!: OOR-SC:S:OOLS (SOS) 2007 GRAJ;T PROGJUUI. OB.:JECTIVE: To seek appointment of the Collier County Commission as the coordinating unit for local application for the United States Department of Justice COPS Secure our Schools (50S) 2007 Grant Program. CONSIDERATION': 1. The Collier County Commission has participated in United States Department of Justice COPS school grant programs since 1999. 2. The programs have proven very beneficial to the Collier County schools and to the community. 3. As security threats and incidents increase in schools throughout the United States, enhanced control measures are needed. 4. A COPS Secure Our Schools (SOS) grant would provide funds to assist with the development of additional school safety resources. Funding would allow the Sheriff's Office the opportunity to establish and enhance a variety of equipment to encourage the continuation and enhancement of school safety efforts within Collier County. 5_ Board approval is needed for the Collier County Commission to be the local coordinating unit of government for the COPS Secure Our Schools (SOS) 2007 application. approve the Sheriff as the official applicant, approve the Sheriff's Office grant application when completed, and authorize acceptance of the award, and approve associated budget amendments_ FISCAL lHPACT: This SOS grant is two years in duration, and agencies are required to contribute a local cash match of 50 percent towards the total cost of the total cost of the approved grant project during the grant award period. It is estimated -that the local cash match will be $25,000. The local match will come from Federal Equitable Sharing funds. GROW'l'B: HAHAGI!lMII:NT: None_ RECOMMENDATION': That the Collier Co~ty Commission agrees to be the local coordinating unit of government for the COPS Secure Our Schools (50S)' 2007 grant application, approve the Sheriff's Office grant application when completed, authorize acceptance of the award, and approve associated budget amendments. PREPAlUm BY: ~ APPROVED _~ DATI!:: .....genoa Item NO. 1tiJ1 June 12, 2007 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. Item Summlry; 16J1 Recommend thaI the Board of County Commissioners serve as the Local COOrdinating UnJt of Govemment for the United Slates Department of Justice COPS Secure Our Schools (80S) 2007 Grant Program. 6/12/20079:00:00 AM Meeting Date: Approved By James V. Mudd County Manager D.1e Board of County Commlssionefll County Manager'5 Offlce 5f29/200710:33AM fiIe:/lC:\AaendaTest\Exnort\84-Juneo/02012. %202007\ 16. O/n20CONSENT'V020AGENDA \ 161... 6/612007 16Jl 16J5 MEMORANDUM Date: June 14, 2007 To: Lisa Melvin, Finance Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Application for Revenue Sharing 2007-2008 State Fiscal Year Enclosed please find one (1) original document as referenced above (Agenda Item #16J5), as approved by the Board of County Commissioners on Tuesday, June 12, 2007. We have retained the a copy of the original document, for the official record. If you should have any questions, Please call me at 774-8411. Thank you. Enclosure 16J5 A TTN: Minutes and Records Please contact me as soon as this has been attested. I will come and pick up the original application so that I can send it to Tallahassee by June 30th. Sincerely, Lisa N. Melvin Assistant General Operations Manager Clerk's Finance Department 239.774.5438 16J5 " DEPARTMENT OF REVENUE Application For Revenue Sharing 2007-2008 State Fiscal Year (Chapter 218, Part II Florida Statutes) DR-700218 R. 04/07 Application must be received by the Department of Revenue prior to June 30, 2007 Please TYPE or PRINT all entries except those requiring a signature. Part One Name of County Call; er OR Name of Municipality County Telephone Number 239 Fax Telephone Number ( 239 )---.5..3..Q-6299 ) 774-6179 Mayor or Chairman of Governing Body James N. Coletta. Jr. Chief Fiscal Officer OW; ght E. Brock, Cl erk of the C; rcu it Court Official Mailing Address 3301 Tam; ami Tra; 1 East Naples, FL 34112 D Check here if the address represents a change from the previous application. Federal Employer 1.0. Number (required for new participants only). Part Two To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined in section 218.21(7) Florida Statutes. (F.S.). for any fiscal year. a unit of local government is required to have fulfilled certain requirements set forth in s. 218.23. F.S.. including certification requirements. Signatures by the appropriate official in the signature blocks, where applicable. shall constitute fulfillment of the certification requirements set forth in s. 218.23. F.S. Consistent with the requirements of s. 218.23, F.S.. has the applicant: Note: Question 1 and 2 pertain to financial audit requirements. If a financial audit was required, report on the most recently completed audit period. Fiscal year ending 09/30/05 will be sufficient for this purpose. 1. Reported its finances for its most recently completed fiscal year to the Department of Banking and Finance. pursuant to s. 218.32, F.S.? lLJ Yes DNo 2. Made provisions for annual postaudits of its financial accounts in accordance with s. 11.45, F.S.? ~ Yes DNo 02/03/06 Date of Audit Report 16J5 DR-700218 R. 04/07 Page :2 3. Levied, as shown on its most recent financiai report. pursuant to s. 218.32. F.S.. ad valorem taxes. exciusive of taxes levied for debt service or other special miilages authorized by the voters. to produce the revenue equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxabie values as certified by the property appraiser, pursuant to s. 193.122(2). F.S.. [K] Yes ONO OR In order to produce revenue equivaient to that which would otherwise be produced by such a three (3) mill ad valorem tax: (A) to have received a remittance from the county pursuant to s. 125.01 (6)(a).F.S.: (8) collected an occupational license tax; (C) collected a utility tax: (D) levied an ad valorem tax: (E) received revenue from any combination of these four sources? UJ Yes ONo 4. Certified that: (A) Law enforcement officers, as defined in s. 943.10(1), F.S.. employed by this Unit meet the qualifications for employment as established by the Criminal Justice Standards and Training Commission? [XI Yes ONo (8) The salary structure and salary plans for law enforcement officers meet the provisions of Chapter 943. F.S.? UJ Yes ONo (C) All law enforcement officers, as defined in s. 943.10(1). F.S.. are compensated at an annual salary rate of six thousand dollars ($6.000) or more? []] Yes ONO [If the answer to (C) above is (NO). please state in an addendum to this application any reason you may have for waiver of such requirement (one of which must be that you are levying ten (10) mills of ad valorem taxes).] II C \ I' ; \. \ \ ~ \. ~ '1~' \ \ ,\-\ \ I Appropnate Law Enforcement Offlcltr / ( , ) "j Date: I IC:, )(1 , .> ( / Signed: o [If you have no police department. etc.. please check the block to the left side.] 16JS DR-7Q0218 R. 04/07 Page 3 5. Certified that persons in its employ as firefighters, as defined in s. 633.30(1). F.S.. meet the qualification for employment as established by the Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and 633.35. F.S.. and that the provisions of s. 633.382. F.S. are met? II] Yes DNo Additionally. please answer the following: (A) Does the addressed unit of government employ any full-time firefighters which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire department duties. provided that degree is not required for their current position? [i] Yes DNo (8) If so, are these firefighters currently receiving supplemental compensation for those degrees? [K] Yes D No Sign<id~;j'--~~IAM-<./~ Appropriate Fire Official D Does Not Apply Date: -5 /~ 1/CJ 7 , . D [If you have no fire departmant or if you have a strictly volunteer fire department. etc., please check the box to the left side.] 6. Certified that each dependent special district that is budgeted separately from the general budget of the local governing authority has met the provisions for annual postaudit of its financial accounts in accordance with the provisions of s. 218.39(1), ES.? [K] Yes DNo D Does Not Apply Signed:Q#~~~~ f Fiscal Of IClal Date: S-~o-,,7 7. Certified to the Department of Revenue that the requirements of s. 200.065, ES.. if applicable, were met? [The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing a final property tax levy or. if no property tax is levied. not later than November 1. The portion of revenue sharing funds which. pursuant to this part, would otherwise be distributed to a unit of local government which has not certified compliance or has otherwise failed to meet the requirements of s. 200.065, F.S.. shall be deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the department.) Signed: /l'1~g-J? S.~tz~ Director of Management and Budget J/2Ci/o ') 16J5 DR-7Q0213 R. 04/07 Page 4 Part Three I hereby certify that all ot the foregoing information is accurate and true to the best of my knowledge. I further certify that I will promptly report to the Department of Revenue any changes in the above information. I also realize that tailure to provide timely information required. pursuant to the administration of this Act shall. by such action. authorize the Department to utilize the best information available or, if no such information is available, to take necessary action including DISQUALIFICATION. EITHER PARTIAL OR ENTIRE. and shall further, by such action, waive any right to challenge the determination of the Department to its share of funds. if any. beyond its minimum entitlement, pursuant to the privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that you have complied with ALL eligibility requirements as set forth above? [X] Yes DNo If the answer to the above question is (NO), please provide as an attachment to this form the amount of revenue necessary to meet your obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sharing. Signed: Date: ..s-- '3 c} - D 'Y Signed: Date: (;:::-/3 -C7 Mail completed original application to address shown below. l\l.JIJI'oved 65 to term & legal sufficiency _.c.~l11 ~-- C"",,ty A ltorr.oy Florida Department of Revenue Revenue Accounting Subprocess PO Box 6609 Tallahassee FL 32399-6609 l..~,,/;, , . 'XL -.... --~ . lJ<~!-:";}'t,;'y".:: i:'J' 1 6 J 6 ~..,,., MEMORANDUM Date: June 13,2007 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Designated Official for SCAAP application letter Enclosed please find an original of the above referenced document, (Agenda Item #16J6) adopted by the Board of County Commissioners on Tuesday, June 12, 2007. If you should have any questions, please contact me at: 774-8411. Thank you Enclosures(l ) gJowdo/W~ Woanty W~ 3301 East Tamiami Trail. Naples, Florida 34112. 4977 (239) 774-8097. Fax (239) 774.3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 June 12, 2007 SCAAP 2007 Bureau of Justice Assistance Control Desk 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For SCAAP application Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program (SCAAP) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, as the signing official and contact person for application for SCAAP 2007 funding. Sincerel ~~(~. J Coletta Chairman Collier County Commission r,....--~ "~'., .' " ():;;l\.;\ .. :?;()C~~ CLE~:K fOe\.. \- "". ,) -,LUJ.."-~~ \t:L ~:!puti' CJer~ " . '_. Attest~. ;:;~".. '1. . " , ,..,.. l__~';ftq raM ."'. s IqoQtUi'llOOl;'" ..- " ,: .. ;, ~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 K TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 0" THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original ducuments should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional si!,,'natures, dates, and/or information needed. If the document is already complete with the execotion of the Chairman's sirnature, draw a line throul!h routing lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event onc 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 Bee office only after the BCC has actcd to approve the item) Name of Primary Staff !)((,-, \ cI l c' c iCe I/Q(lne,\ Phone Number Contact ) 1_") "~nc~ <('Q_l -1-7 '-1- '6l( C, C) Agenda Date Item was -1....)("\1: ~ 7 I Agenda Item Number 1(,...1((0 Approved bv the BCC I:) i :) C c Type of Document '-KE' O~> 14-1- Number of Original \ Attached ' ,( Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved hy the BCC on ( k' I ;:W") (enter date) and all changes made during the meeting have heen incorporated in the attached docnment. The Coun Attorne's Office has reviewed the chao es, if a licable. Yes (Initial) N/A(Not A lieable) 2. 3. 4. 5. 6. n rYJ-) n f~ (\ f''"I"S () Fe~ {ItA vi C6 1: Formsl County Formsi Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16KIC MEMORANDUM Date: June 13, 2007 To: Nancy Bradley, Legal Assistant Office of the County Attorney From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007-147: Attached, please find one copy as referenced above, Agenda Item #16KI0, adopted by the Board of County Commissioners on Tuesday, June 12,2007. The Minutes and Records Department has kept the original document for public record. If you should have any questions, please contact me at 774-8406. Thank you. Attachments (I) 16KIO RESOLUTION NO. 2007-147 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE REISSUANCE AND MODIFICATIONS OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(1) OF THE INTERNAL REVENUE CODE, AS AMENDED; PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27,1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of finaneing a "project" as defined in Part 11 of Chapter 159, Florida Statutes, as amended; and Whereas, as set forth in the resolution of the Authority deseribed below, Community School of Naples, 1ne., a Florida not for profit corporation, with eertain facilities loeated within the boundaries of Collier County, Florida, (the "Corporation") has requested the Authority to approve modifieations to its Edueational Faeilities Revenue Bonds (Community School of Naples, Inc, Projcct) Series 2004 and the issuance of a New Bond in a principal amount not to exceed $3,700,000 (the "New Bond") for the benefit of the Corporation and to loan all or a portion of the proceeds thereof to the Corporation to finance the costs of the Project; and Whereas, Section 147(1) ofthe Internal Revenue Code of 1986, as amended (the "Code"), provides that thc elected legislative body of the governmental unit which has jurisdiction over the area in which thc facility financed with the proceeds of tax exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas, the Authority caused notice of a public hearing to consider approval of the requested modifications and issuance of the New Bond to be published on May 16,2007 in the Naples Daily Ncws, a newspaper of general circulation in the County, and a copy of said notice is attached as Exhibit A (the "Notice") to the Authority Resolution described below; and Whereas, the Authority held a public hearing on May 31, 2007, pursuant to the Notiee and adopted a resolution (the "Authority Resolution") authorizing the modifications to the Bonds and the issuance of a New Bond as defined in the Authority Resolution, a eopy of whieh is attaehed as Exhibit A, and has recommended to the Board that it approve the issuance of the New Bond in aeeordance with Section 147(1) of the Code; and Whereas, for the reasons set forth above, the Board desires to approve the issuance of such Bonds for the purposes of Section 147(1) of the Code. 16KIO NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. Approval af Issuance of the Bonds. This Board hereby approves the issuance of the New Bond as described in the Authority Resolution attached hereto as Exhibit A by the Authority for the purposes of Section 147(1) of the Code. The New Bond shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County applicable to the project and the project shall be subject to all such regulations, including, but not limited to, the Collier County Grov.1h Management Plan, all concurreney requirements contained therein, and the Collier County Land Development Code. Section 2. Severability. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this 12th day of June, 2007. ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ~ sg.< '~.'~,'{b(CL~~1 ~L · . .' ':tJet:lUI):'Derk ~ttest AS' t~ Cha 1 nll4n s . [SE~t"'lItuf~piil' Jam , . item # ~O Agendal_I.,I<<'1 Date ~....,.... 2 Date 1_/'.kr~ F'j~ Approvcd as to form and legal sufficiency: 16KIO 3 /K 10 ("") 'cd t RESOLUTION NO. 2007-1 A RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AUTHORIZING MODIFICATIONS TO THE AUTHORITY'S EDUCATIONAL FACILITIES REVENUE BONDS, SERIES 2004A (COMMUNITY SCHOOL OF NAPLES, INC. PROJECT); APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO BOND PURCHASE AGREEMENT; AUTHORIZING THE MEMBERS OF THE AUTHORITY TO TAKE CERTAIN ACTION IN CONNECTION WITH THE ISSUANCE OF THE BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2004, pursuant to the authority of its Resolution No. 2004-02 (the "Bond Resolution") the Collier County Industrial Development Authority (the "Issuer") issued its Educational Facilities Revenue Bonds, Series 2004A (Community School of Naples, Inc. Project) (the "Original Bonds ") and loaned the proceeds of the Bonds to Community School of Naples, Inc. (the "Borrower"); and WHEREAS, the Issuer has received a request from the Borrower and Bank of America, N.A. (the "Bank"), as owner of the Original Bonds, to make certain modifications to the Bonds and to the Bond Purchase Agreement entered into by the Issuer, the Borrower and the Bank at the time of issuance of the Original Bonds (the "Bond Purchase Agreement"); and WHEREAS, it is necessary and desirable to approve the form of and authorize the execution of a Modified Educational Facilities Revenue Bonds, Series 2004A (Community School of Naples, Inc. Project) (the "New Bonds") and a First Amendment to Bond Purchase Agreement and to conduct a public hearing in connection therewith; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY: SECTION 1. AUTHORIZATION OF NEW BOND. The Issuer conducted a public hearing on May 31, 2007 concerning the issuance of the New Bond. A copy of the affidavit of publication of the notice of the hearing is attached as Exhibit A. In replacement of and in exchange for the Original Bond, the Issuer is authorized to and shall execute and deliver to the Bank the New Bond. The New Bond shall have such terms and conditions, and shall be in the form of, the New Bond attached hereto as Exhibit B, with such changes, alterations and corrections as may be approved by the Chairman or Vice-Chairman of the Issuer (the "Chairman"), such approval to be conclusively presumed by the execution thereof by the Chairm"n Th~ New Bond shall be executed bv the Chairman who shall deliver EXHIBIT A TO COUNTY RESOLUTION 16KIO the same to the Bank in exchange for the Old Bond. The New Bond shall be issued on such date as shall be mutually agreed upon by the Bank, the Borrower and the Chairman. Upon such exchange, the New Bond shall be deemed to be one of the Bonds under the Bond Resolution and the Bond Documents referenced therein, and shall be subject to all terms and conditions thereof the same as the Original Bond. SECTION 2. AUTHORIZATION OF FIRST AMENDMENT TO BOND PURCHASE AGREEMENT. The First Amendment to Bond Purchase Agreement in the form thereof attached hereto as Exhibit C, with such changes, alterations and corrections as may be approved by the Chairman, such approval to be conclusively presumed by the execution thereof by the Chairman, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the Chairman to execute such documents, simultaneous with the issuance of the New Bond, and to deliver the First Amendment to Bond Purchase Agreement to the Borrower. SECTION 3. NO THIRD PARTY BENEFICIARIES. Except as herein or in the documents herein mentioned otherwise expressly provided, nothing in this Resolution or in such documents, express or implied, is intended or shall be construed to confer upon any Person other than the Issuer, the Bank and the Borrower any right, remedy or claim, legal or equitable, under and by reason of this Resolution or any provision hereof or of such documents; this Resolution and such documents being intended to be and being for the sole and exclusive benefit of such parties. SECTION 4. GENERAL AUTHORITY. The Chairman and the other members of the Issuer are hereby authorized to do all acts and things required of them by this Resolution and the other Bonds Documents or desirable or consistent with the requirements hereof or thereof, for the full punctual and complete performance of all terms, covenants and agreements contained in the Bonds, this Resolution and the other Bond Documents. SECTION 5. REPEALER. All resolutions or ordinances or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of any such conflict, hereby superseded and repealed. SECTION 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. SECTION 7. LIMITED APPROVAL. The approval given herein shall not be construed as (i) an endorsement of the creditworthiness of the Borrower or the financial viability of the Project, (ii) a recommendation to any prospective purchaser of the Bonds, (iii) an evaluation of the likelihood of the repayment of the debt service on the Bonds, or (iv) any necessary governmental approval relating to the Project, and the Issuer shall not be construed by reason of its adoption of this resolution to have made any such endorsement, finding or recommendation or to have waived any of the Issuer's rights or estopping the Issuer from asserting any rights or responsibilities it may have in that regard. 2 "" ~ 1..0': '1, Passed and adopted this 31st day of May, 2007. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORIT f A:Z~Y Donald A. Pickworth, Esq. N.O\ples Daily Newn N,lple~:, FL 3410~ Affidavit of Publication Naples DQily News - + ~ ~ -- ! fJ.n:vlORTH, DCNALO P "A, 513D TAMTAMI TRL N #502 NA?~RS PL l.II0J EF;FERt~;jCE; 010'784 59395566 NOTICE OF MEETING P-.N State of Florid~ County of Collier Before the undersigned uuthority, personally appeared B. Lamb, who on oath says that she serves dS Assistant Cor~orate Secretary of the Naples Daily News, a dally newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says thAt the said Naples Daily News is a newspaper published at Naples, in said ('oIlier 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, 05/16 05/16 AD SPACE, 184.000 INCH FILED ON: 05/16/07 -~------------~~-~-----------------~-~~--~-~------+-----------~----- Signature of Affiant I. _/ 5 Sworn to and Subscribed before me this :.2l day of i"'i k"~ " 20~ i " 'J Personally known by me " ~" \ L"-".. (--,- 1 . .... '0 -,! l ~" <'.i' , .I'G,',;[' "? " , '"',~",".' :s ':,'_ It 7,,~'l: cO [;1) ~ -g ~H:= ~...c .!3~ ",l'l !i -:;.;,. ;'-# :~j - -.~J~l~~:f~~~~~j~@~ ",g.c;_=2."~ ~ 3 c<:1z 3>h~g-::< ,:""<::"'o~ ,.,:;","'..... ~~"i?E2' j}Z1.'i'!:s~ €&~3~~ ..:J ..- ::r~~>h4;_ - r ~.~~'5;1~.st~ ~~~,~ci~,~~~ ~-:;;"~t "'- ~.-i:i =?E2:::;g~-'_!:1;: 5~ ";-;;;,-S ~;:?,~'\l~:,:: ~E15~,:g~ >8.se'':~ ei~",~t:~ ~~;;-gjt.. :'i-S,g-a-1;?: ;:.:" ~ i~Xi -;-:, E'" ~~ "GZ ::;"d v. ^C >~ ~c ,:.., "^ ='J. EE 3-3 g3 , n~ ~2 ~~ ~~ 8~ ~~ h C;j -::IcJ ;t "'~ ~-~ ., 55 ~~1 ~{f. , ;. 1 , r ;i;'~.l ~~- i... \l.l ~ .,'~ ! " ~~ ::~ i ':: r :;- " -, ~5s '.>:.""1" "'"-,... .: ::O_'~ ,;:-.;: EXHIBIT A TO AUTHORITY RESOLUTION ,u~ mJ!~ <l:1:;:<l,l - ':l ~ '" i!hmmil ~Cc';S~ ~r=g8;;:~;j:5 ar:,,~tJ:Eoog; ~~,jR;'jg:~,,-, ~~~i5:if~~~ ;;t::r:~~i:t"."C:~t ~E.J:~f,~~~ -<{3:C(;~;ii;:w ci ~i::1~,.;~~~~ ~~~~~>~i"~~ 8i=~~~:~~'* O~1i<""-~L""~~ 5....5ia~i-:;:;i=~ ~;:~~~~~~~ ~~g~~~~t~ _-:~~~~f:~lI';: g~ ~~1,~~~;~ -:;""~'1.:'::;;:':~~~ r_ 161<10 :1;::.,' ~ !~:i~~ ~ r~i,~ lI' ".' ~ "7;1 r;..= ~ ...:. ~ ~~I.;'---' ~i~~1 ~~1~'~ ~im <:;'-0,0: ;3 "~~ I 16KIO COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY MODIFIED EDUCATIONAL FACILITIES REVENUE BOND, SERIES 2004A (COMMUNITY SCHOOL OF NAPLES, INC. PROJECT) June _, 2007 $3,684,958.56 Collier County Industrial Development Authority, a public body corporate and politic and an industrial development authority of the State of Florida (the "Issuer"), for value received, hereby promises to pay to Bank of America, N.A. (together with its successors and assigns as registered owner hereof, the "Bank"), but solely from the sources as hereafter provided and not otherwise, the principal sum of $5,900,000.00 or such lesser amount as shall be outstanding hereunder, and to pay interest on the principal sum outstanding hereunder from the date hereof, but solely from the sources as hereafter provided and not otherwise, at the rate per annum set forth below (as the same may be adjusted, the "Interest Rate on the Bond") payable monthly in arrears on the 12th day of each month, beginning July 12, 2007, until payment of such principal swn in full. Subject to adjustment as herein provided, the Interest Rate on the Bond will be for each Interest Period, the sum of (i) 63.702% of the LlBOR Rate plus (ii) 1.82% percent per annum (as such terms are hereinafter defined). "Interest Period" means each period commencing on the 12th day (or if not a Business Day, the next day which is a Business Day) of each month and ending on, but not including, the 12th day (or if not a Business Day, the next day which is a Business Day) of the next month, provided that the first Interest Period shall commence on and include the date of this Bond and end on but not include July 12, 2007. "LlBOR Rate" means, for each Interest Period, the offered rate for deposits in United States Dollars in the London Interbank Market for a thirty day period which appears on the Telerate screen, page 3750 (as of 11 :00 a.m. London time) on the day that is two London banking days preceding the first day of the Interest Period. If at least two such offered rates appear on the Telerate screen page 3750, the rate will be the arithmetic mean of such offered rates. The Bank may, in its discretion, use any other comparable publicly available index or reference rates showing rates for United States dollar deposits in the London Interbank Market as of the applicable date. The Interest Rate on the Bond will be calculated on the basis of a 360-day year for the actual number of days elapsed. The Issuer shall pay the Bank payments of principal in such amounts, if any, as shall reduce the outstanding principal balance hereof on the dates set forth below to not more than the amounts set forth below. All outstanding principal, together with accrued and unpaid interest thereon, shall be unconditionally due and payable by the Issuer on January 12, 2017 (the "Maturity Date"). EXHIBIT B TO AUTHORITY RESOLUTION Maximum Principal Date Outstanding 01112/2008 $3,200,00 01/12/2009 0.00 01/12/2010 2,700,000. 01/12/2011 00 01/12/2012 2,412,000. 01/12/2013 00 01/12/2014 2,112,000. 01/12/2015 00 01/12/2016 1,798,000. 00 1,470,000. 00 1,127,000. 00 768,000.0 0 392,000.0 0 "if if. ,E\J 10 The principal of and interest on this Bond is payable in any coin or currency of the United States of America which at the time of such payment is legal tender for public and private debts, at such place as the registered owner hereof may designate to the Issuer and the Borrower (hereinafter defined) in writing. All payments by the Issuer on this Bond shall apply first to accrued interest, then to other charges due the Bank, and the balance thereof shall apply to the principal sum due. Upon the occurrence of a Determination of Taxability (hereinafter defined), the Interest Rate on the Bond shall be adjusted to a rate per annum equal to 154% of the rate otherwise borne hereby (the "Adjusted Interest Rate"), as of and from the date such determination would be applicable with respect to this Bond (the "Accrual Date") and (i) the Issuer shall, from the sources hereinafter provided and not otherwise, immediately pay on demand to the registered owner hereof, or any former registered owner hereof, as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the total interest that would have accrued on this Bond at the Adjusted Interest Rate from the Accrual Date to the date of the Determination of Taxability, and (B) the actual interest paid by the Issuer on this Bond from the Accrual Date to the date of Determination of Taxability, but then only to the extent such owner or owners include (through amended tax return, agreement with the Internal Revenue Service or otherwise) such actual interest in such owner's or owners' gross income for federal income tax purposes, and (2) any loss, cost, charge or expense suffered by such owner and/or former owner arising out of the Determination of Taxability, including without limitation amounts of interest and penalties required to be paid as a result of any additional state and federal income taxes by such owner and former owner arising as a result of such Determination of Taxability; and (ii) from and after the date of the Determination of Taxability, this Bond shall continue to bear interest at the Adjusted Interest Rate for the period such determination continues to be applicable with respect to this Bond. The adjustment provided for in this paragraph shall survive the 2 16KI0 payment of this Bond until the expiration of the statute of limitations under which the interest on this Bond could be required to be included in the gross income of the registered owner thereof for federal income taxes purposes. If the Maximum Corporate Tax Rate (hereinafter defined) decreases from thirty-five percent (35%), the interest rate otherwise borne by this Bond shall be increased to the product obtained by multiplying the interest rate otherwise borne by this Bond by a fraction, (i) the numerator of which is equal to one (1) minus the Maximum Corporate Tax Rate in effect as of the date of adjustment, and the denominator of which is .65. The interest rate otherwise borne by this Bond shall be adjusted automatically as of the effective date of each change in the Maximum Corporate Tax Rate based upon the foregoing calculations. As used in this Bond, (1) "Code" means the Internal Revenue Code of 1986, as amended; and (2) "Determination of Taxability" shall mean interest on this Bond is required to be included in the gross income of the Bank for federal income tax purposes. (3) "Maximum Corporate Tax Rate" shall mean the highest marginal rate of United States federal income tax applicable to the taxable income of corporations, without regard to any increase in tax designed to normalize the rate for all income at the highest marginal tax rate, which rate on the date hereof is 35%. The principal of this Bond may be prepaid at the option of the Borrower exercised on behalf of the Issuer at any time and in whole or in part. The principal of this Bond shall be prepaid by the Issuer, from amounts prepaid by the Borrower pursuant to the Note and Loan Agreement hereinafter described, at the times and in the amounts provided for in the hereinafter described Loan Agreement. This Bond is issued pursuant to and in full compliance with Part 11 of Chapter 159, Florida Statutes, and other applicable provisions of law (the "Act") and Resolutions (jointly, the "Resolution") adopted by the Issuer on April 26, 2004 and May 31, 2007. Pursuant to law and the proceedings under which this Bond is issued, this Bond is payable solely out of revenues and receipts derived from the Note (hereinafter defined) and a Loan Agreement, dated May 12,2004 (the "Loan Agreement"), between the Issuer and Community School of Naples, Inc., a Florida not-for-profit corporation (the "Borrower"), pursuant to which the Issuer has loaned money to the Borrower to finance capital expenditures with respect to the existing private school facility owned and operated by the Borrower and to pay a portion of the expenses incurred in connection with the issuance of the Bond. Pursuant to the Loan Agreement, the Borrower has agreed to make payments directly to the Bank in such amounts and at such times as are required to provide for timely payment of the principal of and interest on this Bond. As evidence of its indebtedness under the Loan Agreement, the Borrower has executed and delivered to the Issuer its Promissory Note ("Note"), dated May 12, 2004 and its Mortgage, Assignment of Rents and Security Agreement dated May 12,2004 (the "Mortgage and Security Agreement," and together with the Loan Agreement and the Note, the "Assigned Documents"). 3 16KIO Pursuant to an Assignment of Loan Agreement, Mortgage, Promissory Note and Other Collateral, the Issuer has assigned the Issuer's rights under the Assigned Documents, including all its rights, title and interest to receive the Note and the repayments on the Loan (subject to the reservation of certain rights of the Issuer, including all its rights to notices, payment of certain expenses and indemnity), to the Bank. Reference is made to the Loan Agreement, the Bond Purchase Agreement and the Resolution for a more complete statement of the provisions thereof and of the rights of the Issuer and the Bank. Terms used herein in capitalized form and not otherwise defined herein have the meanings ascribed thereto in the aforementioned documents. This Bond is subject to all terms and conditions of the Loan Agreement, the Bond Purchase Agreement and the Resolution, and by the purchase and acceptance of this Bond, the registered owner hereof signifies assent to all of the provisions of the aforementioned documents. This Bond shall bear interest on any overdue installment of principal and (to the extent permitted by law) interest at the Default Rate (as defined in the Loan Agreement). As further described in the Resolution and the Loan Agreement, upon the occurrence of an Event of Default, the Bank may declare all unpaid principal hereof immediately due and payable, and upon such declaration of acceleration, the principal amount hereof, together with interest to the date of payment, shall be and become immediately due and payable. Should the Issuer fail to pay from the sources provided herein the installments of interest or principal (if applicable) within seven (7) days after the due date provided herein (after the expiration of any applicable grace period), the Issuer further promises to pay, solely from the sources provided herein, a late payment charge equal to four percent (4%) of the amount of the unpaid installment as liquidated compensation to the Bank for the extra expense to the Bank to process and administer the late payment, the Issuer agreeing, by execution hereof, that any other measure of compensation for a late payment is speculative and impossible to compute. This provision for late charges shall not be deemed to extend the time for payment or be a "grace period" or "cure period" that gives the Issuer a right to cure a Default. Imposition oflate charges is not contingent upon the giving of any notice or lapse of any cure period provided for in the Bond Documents and shall not be deemed a waiver of any right or remedy of the Bank including without limitation, acceleration of this Bond. This Bond is transferable by the registered owner, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond will be issued to the transferee in exchange therefor. The Issuer may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal and interest due hereon and for all other purposes, and the Issuer shall not be affected by any notice to the contrary. No recourse under or upon any obligation, covenant or agreement contained in the Resolution or in this Bond. or under any judgment obtained against the Issuer or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any constitution or statute or otherwise or under any circumstances, under or independent of the Resolution, shall be had against any officer or member, as such, past, present or future, 4 '1l ,e, p -11 ('.' .11 c.~\ J ' _ i of the Issuer, either directly or through the Issuer or otherwise, for the payment for or to the Issuer or any receiver thereof or for or to the owner of this Bond or otherwise, of any sum that may be due and unpaid by the Issuer upon this Bond. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any such officer or member, as such, to respond by reason of any act or omission on his part or otherwise for the payment for or to the Issuer or for or to the owner of this Bond or otherwise, of any sum that may remain due and unpaid upon this Bond, is hereby expressly waived and released as a condition of and consideration for the execution and the issuance of this Bond. All of the rights, remedies, powers and privileges (together, "Rights") of the Bank provided for in this Bond and in any other Bond Document are cwnulative of each other and of any and all other Rights at law or in equity. The resort to any Right shall not prevent the concurrent or subsequent employment of any other appropriate Right. No single or partial exercise of any Right shall exhaust it, or preclude any other or further exercise thereof, and every Right may be exercised at any time and from time to time. No failure by the Bank to exercise, nor delay in exercising any Right, including but not limited to the right to accelerate the maturity of this Note, shall be construed as a waiver of any Default or as a waiver of the Right. Without limiting the generality of the foregoing provisions, the acceptance by the Bank from time to time of any payment under this Bond which is past due or which is less than the payment in full of all amounts due and payable at the time of such payment shall not (i) constitute a waiver of or impair or extinguish the right of the holder hereof to accelerate the maturity of this Bond or to exercise any other Right at the time or at any subsequent time, or nullifY any prior exercise of any such Right, or (ii) constitute a waiver of the requirement of punctual payment and performance or a novation in any respect. If the Bank retains an attorney in connection with any Default to collect, enforce or defend this Bond or any other Bond Document in any lawsuit, at trial, or in any appellate, probate, reorganization, bankruptcy or other proceeding, or if the Issuer sues the Bank in connection with this Bond or any other Bond Document and does not prevail, then the Issuer agrees to pay to the Bank, solely from the sources provided herein, in addition to principal, interest and any other sums owing to the Bank under the Bond Documents, all reasonable costs and expenses incurred by the Bank in trying to collect this Bond or in any such suit or proceeding, including without limitation reasonable attorneys' fees, paralegals' fees and costs. In no event (including but not limited to prepayment, default, demand for payment, or acceleration of maturity) shall the interest taken, reserved, contracted for, charged or received under this Bond or under any of the other Bond Documents or otherwise, exceed the maximum nonusurious amount permitted by applicable law (the "Maximum Amount"). If, from any possible construction of any document, interest would otherwise be payable in excess of the Maximum Amount, then ipso facto, such document shall be reformed and the interest payable reduced to the Maximum Amount, without necessity of execution of any amendment or new document. If the holder hereof ever receives interest in an amount which apart from this provision would exceed the Maximum Amount, the excess shall, without penalty, be refunded to the Issuer, or at the option of the Issuer, be applied to the unpaid principal of this Bond in order of maturity of installments and not to the payment of interest. The Bank does not intend to charge or receive unearned interest on acceleration. All interest paid or agreed to be paid to the 5 16K10 holder hereof shall be spread throughout the full term (including any renewal or extension) of the debt so that the amount of interest does not exceed the Maximum Amount. At the request of the Issuer or the Bank, any controversy or claim between the Issuer and the Bank, whether arising in contract, tort or by statute, and arising out of or relating to this Bond or any of the Bond Documents (a "Claim") shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Arbitration Act"). Arbitration proceedings will be determined in accordance with the Arbitration Act, the rules and procedures for the arbitration of financial services disputes of J.A.M.S./Endispute or any successor thereof ("J.A.M.S."), and the terms of this Bond. In the event of any inconsistency, the terms of this Bond shall control. The arbitration shall be administered by J.A.M.S. and conducted in the City of Naples, Florida. All Claims shall be determined by one arbitrator; however, if Claims exceed $5,000,000, upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within 90 days of the demand for arbitration and close within 90 days of commencement and the award of the arbitrator(s) shall be issued within 30 days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional 60 days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator( s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on J.A.M.S. under applicable J.A.M.S. rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Bond. This paragraph does not limit the right of the Issuer or the Bank to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Claim. Furthermore, without intending in any way to limit the agreement herein to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. THIS BOND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY STATE CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION AND SHALL NEVER CONSTITUTE NOR GIVE RISE TO A 6 , c-'- (10 PECUNIARY LIABILITY OF THE ISSUER OR A CHARGE AGAINST ITS GENERAL CREDIT. THE FULL FAITH AND CREDIT OF THE ISSUER ARE NOT PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS BOND. THE OWNER OF THIS BOND SHALL NOT HAVE THE RIGHT TO COMPEL ANY EXERCISE OF THE AD VALOREM TAXING POWER OF THE STATE OF FLORIDA OR OF ANY POLITICAL SUBDIVISION OF SAID STATE TO PAY THIS BOND OR THE INTEREST THEREON. THIS BOND IS NOT A DEBT OF THE STATE OF FLORIDA OR OF ANY POLITICAL SUBDIVISION OF SUCH STATE OTHER THAN THE ISSUER, LIMITED AS AFORESAID, AND NEITHER SAID STATE NOR ANY SUCH POLITICAL SUBDIVISION THEREOF OTHER THAN THE ISSUER, LIMITED AS AFORESAID, SHALL BE LIABLE HEREON. THIS BOND AND ALL PAYMENTS TO BE MADE BY THE ISSUER HEREUNDER OF ANY NATURE WHATSOEVER ARE PAYABLE SOLELY FROM THE SOURCES PROVIDED THEREFOR IN THE HEREINAFTER DESCRIBED RESOLUTION (I.E., PAYMENTS MADE BY THE BORROWER OR DERIVED FROM THE EXERCISE OF REMEDIAL RIGHTS AGAINST THE BORROWER AND THE SECURITY PROVIDED FOR THIS BOND AND NOT ANY OTHER FUNDS OF THE ISSUER). IT IS HEREBY CERTIFIED, RECITED AND DECLARED by the Issuer that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner and by the appropriate parties as required by law. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed in its name and on its behalfby its Chairman as of June _, 2007. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY By: Chairman 7 EXHIBIT B FORM OF FIRST AMENDMENT TO BOND PURCHASE AGREEMENT 16KI0 F~STAMENDMENTTOBONDPURCHASEAGREEMENT g' , ',iAK. u ~ "'" . .!6 () The undersigned, Bank of America, N.A. (the "Bank"). Collier County Industrial Development Authority (the "Issuer") and Community School of Naples, Inc. (the "Borrower") hereby enter into this First Amendment to Bond Purchase Agreement (theis "Amendment"), dated June _,2007, relating to the Bond Purchase Agreement (the "Original Agreement"), dated May 12, 2004, between the parties. Section I. Section 7.4 of the Original Agreement is amended to provide: Section 7.4 Campaign Account. The Borrower agrees to establish and maintain an account (the "Campaign Account") at the Bank for the sole purpose of this section. The Campaign Account shall be subject to the Bank Pledge Agreement. The Borrower shall deposit all proceeds of Campaign Pledges into the Campaign Account promptly upon receipt. The Borrower may not withdraw funds from the Campaign Account. Amounts in the Campaign Account shall be applied monthly, on the 12th day of each month, to (i) pay the accrued interest on the Note, and thus on the Bonds, and then to (ii) prepay the principal of the Note and thus of the Bonds, and then to (iii) any of the other obligations of the Borrower under this Bond Purchase Agreement. Amounts in the Campaign Account shall be invested at the direction of the Borrower in investments permitted pursuant to Section 7.I(d) hereof and investment earnings and losses shall be credited or debited to the Borrower. The Borrower hereby assigns to and grants the Bank a security interest in the Campaign Account to secure the Borrower's obligations hereunder. The Bank may, and the Borrower hereby authorizes the Bank to, withdraw from the Campaign Account to pay itself such amounts as are needed to satisfy the Borrower's obligations on the Bonds, the Note or to the Bank hereunder or under the Related Documents. Section 2. The Borrower agrees to pay the fee of counsel to the Issuer in the amount of $ , the fee of the Issuer in the amount of $ , the fee of the Bank in the amount of $5,527.44 and the fee of counsel to the Bank in the amount of $ upon the execution hereof. Section 3. This Amendment may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Amendment shall be governed by and construed in accordance with the laws of the State of Florida. BANK OF AMERICA, N.A. By: Its Senior Vice-President COMMUNITY SCHOOL OF NAPLES, INC. By: Its President COLLIER COUNTY INDUSTRIAL DEVELOPMENT A1.ITHORITY By: Its Chairman EXHIBIT C TO AUTHORITY RESOLUTION , 17A , 'f ' '.f 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.) iI\. -'''~ *******.****.**.***********.*.******...***********!~~ ***** Originating Deptl Div: Comm.Dev.Serv.l Planning Person: Care Ii,.. ".lera D e: ti l't,.1 1"1 Petition No. (If none, give briel description): PUDA-2006-AR-I0916, Pine Ridge Mixed Use Center PUD Petitioner: (Name & Address): Michael Fernandez, Planned Development Inc, 5133 Castello Drive, Suite 2, Naples, FL 34103 Name & Address 01 any person(s) to be notilied by Clerk's Ollice: (1I more space is needed, attach separate sheet) Grand Inn 01 Naples, Inc., 1100 Pine Ridge Road, Naples, Fla. 34 i 03 Hearing belore BCC BZA Other Requested Hearing date: hearing. JWle 12.2007 Based on advertisement appearing 15 days before Newspaper(s) to be used: (Complete only il important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: PUDA-2006-AR-I0916. 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 01 commercial use, add General Ollice as a permitted use, eliminate Restaurant as a pennitted use, and to change the development standards. The subject property, consisting of 4.0ll acres is located at 1100 Pine Ridge Road, in Section IS, Township 49, Range 25, Collier County. Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes advertising costs: 131-138326-649100 No 1I Yes, what account should be charged lor Reviewed by: 4;~H~'~ ~~b ft-'7 Date Approved by: COWlty Manager List Attachments: OISTRIBUTlON INSTRUCTIONS A. For hearings before Bee 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 lor file. .................*.......*******.***.****.*******.***......*********.*.****.*...* FOR CLERK'S OFFICE USE ONLY: l)a1t A.-:c . ~-~O-Dl rn1~ . d tI.-tC, lrl d- -0-001 Ad . ruf\ c\a..Je. --~:t- Of 17~ j I ORDINANCE NO. 07-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM MIXED USE PLANNED UNIT DEVELOPMENT M(PUD) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPOO) FOR A DEVELOPMENT KNOWN AS PINE RIDGE MIXED-USE CENTER POO LOCATED IN SECTION IS. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF 4.0z,c ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06-06, THE FORMER PINE RIDGE MIXED-USE CENTER PUD; AND BY PROVIDING AN EFFECTNE DATE. WHEREAS, Michael R. Fernandez. AlCP. of Planning Development Inc., representing Grand Inn of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAlNED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Mixed Use Plauned Unit Development (MPOO) Zoning District to the Mixed Use Plauned Unit Development (MPUD) Zoning District in accordance with the :MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 06-06, known as the Pine Ridge Mixed-Use Center PUD adopted on January 24, 2006 by the Board of COWlty Commissioners of Collier County, is hereby repealed in its entirety. . 17A SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Conunissioners ofeallier COWlty, Florida, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNfY COMMISSIONERS COLLIER COUNfY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN Deputy Clerk Approved as to fonn and legal sufficiency ~O^,L-YJl~-~ MllIjo M. Student-Stirling Assistant County Attorney PUDA-2006-AR-I0916 2 . 17 A EXHIBIT "AU PINE RIDGE MIXED-USE CENTER A Mixed Use Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED-USE CENTER. A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP Planning Development Incorporated 5133 Castello Drive Suite 2, Naples, Florida 34103 239.263.6934/ 239.263.6981fax POI MRF @ aol.com ORIGINAL DOCUMENT DATE 03-18-05 03-23-07 REVISION DATE DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEALS 1995-52 2006-06 1711 TABLE OF CONTENTS PAGE THRU PAGE LIST OF EXHIBITS AND TABLES iii Iii STATEMENT OF COMPLIANCE Iv iv SECTION PROPERTY OWNERSHIP & DESCRIPTION 1-1 1-3 II PROJECT DEVELOPMENT 2-1 2-4 III MIXED-USE DEVELOPMENT COMMITMENTS 3-1 3-3 IV DEVELOPMENT COMMITMENTS 4-1 4-3 Page Ii . 17 A ' LIST OF EXHIBITS AND TABLES EXHIBIT "A" MPUD Master Plan TABLE I Land Use Table Pace iii . 17A STATEMENT OF COMPLIANCE The development of approximately 4.02 acres of property in Collier County, as a Mixed Use Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The mixed-use residential and commercial development of Pine Ridge Mixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as a Mixed Use Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial, high- density residential and mixed-use development activities. 3. The project development is consistent with Policy 5.3 of the Future Land Use Element for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. 4. The project is compatible with adjacent land uses, as required by Policy 5.4 of the Future Land Use Element, through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. 5. The project development is a mixed-use development as encouraged by Policy 7.5 of the Future Land Use Element. 6. The project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. 7. The proposed residential density of 14 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre. 8. Subject Property Area is 4.02 acres x 14 units per acre = 56 dwelling units maximum. 9. The project will be served by a complete range of services and utilities as approved by the County. Water and sewer utilities are provided by the City of Naples. 10. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. Page iv , .17 A ' SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. 1.2 LEGAL DESCRIPTION The subject property being 4.02:1: acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book2, Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (E1I2) of West half (W1/2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1/2) of the West half (W112) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1I2) of the West half (W1/2) of Lot 51, less and except the North 10' thereof. ~ East 150 feet of the West 300 feet of the East half (E1/2) of the West (W12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15. feet to the Northwest corner of the East half (E1I2) of the West half (W1/2) of said Lot 51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said East half (E1/2) of the West 0fV1/2) for 316.5 feet more or less to the South line of said Lot 51, thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along said North Page 2-1 17A'" line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of said East half (E1f2) of the West half (W1f2) of Lot 51. South 105 feet of the East 125 feet of the West Y. of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. East half (E1f2) of the West half (W1f2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right-of-way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1f2) of Lot 51 less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The Property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is hereinafter called "applicant or developer". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The property is located in Section 15, Township 49 South, Range 25 East. The Property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south of Pine Ridge Road. The Property currently supports a 105-room hotel which is permitted for conversion to structure supporting 56 condominium units, an 8,000:!: square foot restaurant and approximately 30% or 1.2 acres of open space. B. The zoning classification of the Property prior to the date of this approved MPUD Document was MPUD. 1.5 PHYSICAL DESCRIPTION The Property has the following designation relative to flood - FEMA FIRM Flood Zone XO. Community-Panel Number 120067 0383G; Effective Date: November 17, 2005. 1.6 PROJECT DESCRIPTION Pine Ridge Mixed Use Center is a proposed mixed-use center, which will support a maximum intensity of development not to exceed commercial (general office) square footage of 34,000 square feet and 14 residential dwelling units per acre. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Planned Unit Development Ordinance." Page 2-2 I ...~ 17 A SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships. 2.2 GENERAL A. Regulations for development of Pine Ridge Mixed Use Center shall be in accordance with the contents of this document, MPUD-Mixed Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat (if required), Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the MPUD site may be developed. D. Unless modified, waived or excepted by this MPUD document or associated exhibits, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Land Development Code at the earliest or next to occur of either final SOP approval, final plat approval, or building permit issuance applicable to this development. Page 2-3 . 17A 'I 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" MPUD Master Plan. There shall be one (1) general mixed-use tract. TABLE I: PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY TYPE MIXED USE UNITS I SQUARE FOOTAGE ACREAGE 56 multi-family units' 34,000 sf commercial 4.02:!: Exhibit "A" is a MPUD Master Plan and is an illustrative preliminary development plan. Design criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the Project Development, as set forth in this document. 'One unit of the approved 56 multi-family units must remain dedicated as a care takers residence for the duration of the project, unless amended by the Board of County Commissioners through the customary MPUD amendment procedure. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed 56 multi-family units and 34,000 square feet maximum of general office.. The gross project area is 4.02:!: acres. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable. B. Exhibit "A", MPUD Master Plan, constitutes the required MPUD Development Plan. Subsequent to or concurrent with MPUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the MPUD Master Plan. Any division of property and the development of the land shall be in compliance with the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided Page 2-4 1 7 J~ · ,~ in said Chapter prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. F. The developer will make a contribution to the County's Affordable Housing Fund, per the provisions of such contributions, in the amount of $1,000 per un it within 60 days of the approval of the MPUD. 2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Amendments may be made to the MPUD as provided in the Collier County Land Development Code. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association or another appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code.. 2.8 LANDSCAPE BUFFERS. FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center. The fOllowing standards shall apply: A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3: 1 2. Ground covered slopes 2:1 3. Rip-Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Mixed Use Center MPUD. Page 2-5 , A. General Permitted Uses: 17 A 1. Essential services as set forth under Collier County Land Development Code. 2. Water management facilities and related structures. 3. Temporary construction, sales. and administrative offices for the and Developer's authorized contractors and consultants, necessary access ways, parking areas and related uses. Page 2-6 Developer including , "' ~. 17 fJ SECTION III MIXED USE DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A", MPUD Master Plan, as "Mixed-Use". 3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family 2. General office uses which are listed by the C-1 through C-4 Commercial Zoning Districts of the LDC, as they may be amended and further limited to those uses which do not require parking in excess of the parking requirement for office. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the uses permitted in the above districts. 2. Covered parking structures/garages. 3.3 DEVELOPMENT STANDARDS: A. Lot Area: 10,000 square feet B. Lot Width: 100 feet C. Maximum Buildinq Heiqht & Setback Reouirements: 1. Primary structures: project boundaries: Max. Bldg. Height Setbacks Requirements Front (East) Side Greater of (West) Side Rear 25 ft 35 ft 45 ft 25 ft 25 ft 35 ft 15 ft or Y. BH 15 ft or Y. BH 15 ft or 'h BH 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft Page 3-1 17A 2. Setback requirements for primary structures: interior bound aries: the greater of 10 feet or half the height of the structure. 3. Setback requirements for covered parking and/or garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. O. Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none. E. Maximum Heiaht of Covered Parkina: Twelve (12) feet. F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building. G. Maximum Number of Stories: 4 Stories for Residential Structures. 4 Stories for Mixed Use Structures. 3 Stories for Office Buildings. H. Landscapina: As required in the LDC unless specified herein. All trees within buffers adjacent to right-of-way shall be installed with a County Staff approved deep root system. 1. The following buffers are considered to meet or exceed LDC required buffers: a. MPUD Type "0.1" Landscaped Buffer: This buffer shall have an overall width of 20 feet. The public sidewalk has been displaced from public right-of-way to within the subject property where practical. This has provided desirable landscaped separation between sidewalk and the roadway curb. The width of the displaced sidewalk is included within the width of this buffer. Tree and hedge installation shall meet the requirements of the LDC Type D buffer. b. MPUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge requirements in addition to a masonry wall/fence or prefabricated concrete wall/fence shall be provided: except that the spacing of the shade trees, shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. Page 3-2 H__ ___~ 17A c. MPUO Type "B.2" Landscaped Buffer is required where the subject property abuts commercially zoned property: LOC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided: except that the spacing of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10 feet. 2. In order to facilitate the potential retention of existing trees, no water management or no new lines of continuous utilities shall be developed within the required buffers. I. LandscaDina for Off-Street Parkina: In order to facilitate the retention of existing trees, rows of parking may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. J. ODen SDace Reauirements: Thirty (30) percent of the acreage of the MPUO. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. K. Liahtina: The maximum height of existing parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall shielded from residentially zoned area. No neon lighting shall be visible from the exterior of the project. New parking lot fixtures, except at project entrances where lighting must meet arterial level lighting standards, shall be limited to bollards to avoid conflicts with trees. L. Parkina: Each unit shall provide 2 parking spaces per residential unit. General office parking requirements will be provided as required by the Collier County LOC at the time of SOP application. Page 3-3 . "_...._,-----._--.._-_._,--,~~_.._..,_..,- . 17A SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, or successor ordinance, shall apply to this project. The developer, his successor and 'assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the MPUD as adopted. and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 4.3 MPUD MASTER PLAN A. Exhibit "A", MPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the Property. 4.4 ENVIRONMENTAL A. This MPUD shall be consistent with the Environmental section of the GMP Conservation and Coastal Management Element and the LDC at the time of final development order approval. . B. All category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. Page 4-1 17A C. This MPUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP- 147. O. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first subsequent application for SDP Amendment or new SOP after approval of this MPUO. The Plan shall delineate location of the provided 10,541 square feet (of preserve/mitigation and shall identify methods to address treatment of invasive exotic species, fire management, and maintenance. Principal structures shall be setback a minimum of 25 feet and accessory structures shall minimally have a setback of 10 feet except for the dumpster enclosures and existing paved parking areas which may accommodate covered parking as permitted by the prior zoning and associated SOP. 4.5 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual Uniform Minimum Standards (MUMS), current edition, FDOT Oesign Standards, current edition, and the Manual on Uniform Traffic Control Devises (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code (LDC). B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. 01- 247), as it may be amended from time to time, and with the Collier County Long- range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a MPUD Amendment is to be processed. D. Site related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County LOC, as it may be amended. F. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. Page 4-2 .....1f. " 17 A G. All proposed median opening locaao.ns shall .be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this M PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the Cou nty by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. K. If a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. A sidewalk connection will be made from Castello Drive to the sidewalk at the handicap parking area. 4.6 MONITORING REPORT AND SUNSET PROVISIONS A. The Pine Ridge Mixed Use Center MPUD shall be subject to the Sunset Provisions of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to the Collier County Land Development Code. 4.7 POLLING PLACES Pursuant to the Land Development Code, provision shall be made for the future use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall Page 4-3 . 17A provide for said common facility to be used for a polling place if determ ined to be necessary by the Supervisor of Elections. Page 4-4 , ..., . .. 'O:g -< ~= .c:c: -, '" ,-, <=>", - -;,,,, ... ~gloO~ '<NQ- ;:g"";a< =~~2: ....U-.. .(~~S ClO....= ;;;,=:<< "dO.. 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Vi U 0: w u c: ~ z W Q. o ,/;,,/ "'..... l?A' .,1 April 30, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, FL 34102 RE: Notice of Public Hearing to Consider Petition PUDA-2006-AR-I0916; Pine Ridge Mixed Use Center PUD Grand Inn of Naples Dear Legals: Please advertise the above referenced petition on Sunday, May 27, 2007, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk Charge to: 131-138326-649100 17 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 12, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM MIXED USE PLANNED UNIT DEVELOPMENT M(PUD) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) FOR A DEVELOPMENT KNOWN AS PINE RIDGE MIXED-USE CENTER PUD LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06-06, THE FORMER PINE RIDGE MIXED-USE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. 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. A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a 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 17,4 prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts GQij,Jlfy ofCcllier CLERK OF TH~GtRCUIT COURT COLLIER COUNTY CpUR!'4PUSE 3301 TAMIAMI TJ,iAIL EA'ST P.O. BOX 4~~044\ NAPLES, FLORIDA~~101-3d44 1'( l?A Clerk of Courts Accountant Auditor Custodian of County Funds April 30, 2007 Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, FL 34103 RE: Notice of intent to consider an Ordinance: PUDA-2006-AR-I0916 Pine Ridge Mixed Use Center PUD/Grand Inn of Naples Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 12, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 27, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ ~.~O,(. Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.fl.us Dwight E. Brock Clerk of Courts GO!!,Pfy OfC(i)lJier ~ '-.---. ' CLERK OF THE GIRCUIT COURT COLLIER COUNTY QoURT~pUSE 3301 TAMIAMI ntAIL EA'ST P.O. BOX 4f~044 .. NAPLES, FLORIDA~,'pOI-3044 \'.( 'ff;'1 If"" ,...,:/ Clerk of Courts Accountant Auditor Custodian of County Funds April 30, 2007 Michael R. Fernandez Planning Development Inc. 5133 Castello Drive, Suite 2 Naples, FL 34103 RE: Notice of intent to consider an Ordinance: PUDA-2006-AR-I0916 Pine Ridge Mixed Use Center PUD/Grand Inn of Naples Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 12, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 27, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~D.(. Ann Jennejohn, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerkralclerk.collier.fl.us 17 jf Ann P. Jennejohn To: Subject: legals@naplesnews.com PUDA-2006-AR-10916 Pine Ridge Mixed Use/Grand Inn of Naples Attachments: PUDA-2006-AR-1 0916.doc: PUDA-2006-AR-10916.dot Hi, Please advertise the attached on Sunday, May 27, 2007. Thanks, ~...~ ~r1 13 c:.u PUDA- 2006-AR-l09 PUDA- 2006-AR-l 09 16.doc (25 KB)... 16.dot (27 KB)... Ann Clerk to the Board Minutes & Records Department 774-8406 (ann.jennejohn@ c1erk.co II i er. f I. us) 1 Ann P. Jennejohn 17A From: Sent: To: Subject: ClerkPostmaster Monday, April 30, 20074:47 PM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT55167.txt: PUDA-2006-AR-10916 Pine Ridge Mixed Use/Grand Inn of Naples [] r;::-:7l L:::-J ATT55167.txt (229 PUDA-2006-AR-109 B) 16 Pine Ridge ... 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 PUDA-2006-AR-10916 Pine Ridge Mixed Use/Grand Inn of Naples Page 1 of 1 Ann P. Jennejohn 17A From: Perrell, Pam [paperrell@naplesnews.com] Sent: Tuesday. May 01, 2007 8:38 AM To: Ann P. Jennejohn Subject: RE: PUDA-2006-AR-10916 Pine Ridge Mixed Use/Grand Inn of Naples OK From: Ann P. Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.usj Posted At: Monday, April 30, 2007 4:47 PM Posted To: Legals - NDN Conversation: PUDA-2006-AR-l0916 Pine Ridge Mixed Use/Grand Inn of Naples Subject: PUDA-2006-AR-l0916 Pine Ridge Mixed Use/Grand Inn of Naples Hi. Please advertise the attached on Sunday, May 27, 2007. Thanks, <<PUDA-2006-AR-1 0916.doc>> <<PUDA-2006-AR-10916.dot>> Ann Clerk to the Board Minutes & Records Department 774-8406 (ann.jennejohn@ clerk. co II i er. 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. 5/1/2007 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on May 27th 2007. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the sajd newspaper has heretofore been continuously published in said Collier Countv, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier County, Florida, for a penod of I 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 forthe purpo!'le of securing this advertisement for publication in the said newspaper. jJ. --1 ( Signature of affiant) Sworn to and subscribed before me This 27th Day of May 2007. ~ll~ \ ~Cl,,,,, W-- (Sign ore 0 tary p blic) .....~........ JUPY JANES !:~~"".",\ commisSiOn.D 0675029 ~ ! f Expir/lS May 16, 2011 I,. ".' ~ BoI'llIIlIJl\ruTroyFl/I1lllS1JfaflOllllOO-385-7019 FEI 59-2578327 PUOA'_A'1-I0II16 . ~Dk1& Notice J. heNfly given ~tQf'f'. Tuef4jy, lune I 12, 2001,lnthtBolrd. room; 3r'cl _. Admin. Istrarlon Bu!ldlRg, Col- lie' COuntY ~I mlCe"!!,,.~1 Eat Tamla- ,,,,,,.N_FIol'Id.. the_Ioard of County. Comml_ Will con, $fder the enactment.. of a CO\lntyOtcUnance. The meettna will com- mence at 9IOOA~.' 'fbe tIlle oIltle ""'_ Or- _1s..1oI1ows, AN OIlO",ANCE OF THE .0W.O....2. Fill... TV. 1Srt'iwl.. '. ,'." ~..... 41, AS AM~~T~ CotJ.lER couilTV''u 1i6 DEUELOPM NT C\;\,E. IW" "'....C_H IN C.L UD EST ,HE J.IAIU.".Eua.lIFNSI'Il zeN E t~'I"'~.A ~~ .~- INO THE A Z AT C ~"I~mJtt~a~ O'MENT M(PUDl TO "'XED II$E PLANNED. UNIT. DIYELOPMIPlt (MPUlll .I'OR A ~ =t~m~:f~~ Ml!U~'LOCATlDIN S . I" TOWNSHIP ~.:&Tlt.lE.ANo.n E 2<' r,r~ AC(IN~ OF. l?A , A copy ofJhe ~ ~l"il'!i~ _", 4UldI5'av~'0f'1n- 1P<<tlon. ~.~ ~~~lilll' I NOTE: AU-. p:et'so~s' wishing to speU: on any _ Item must ....Is. ter wtth the County I =.~: prior 10 pre- r. Of the iutnda '.'!!ml t t* be addreSS8fl' ''''' v dLlal speakers wi I , be limited to. minutes en any: Item. The selec. tlon of an Individual to speak on behalf oJ an ......'r"0I1 ..-- Is eneou aged.' If rec:o.~ nlzed by the Chairman. a IPon,person for a grOUp or ora.nlzetlon. may be aHottid 10 min. u.tes to speak on a~ Item. Persons wishIng to =:r.\':"l'n~uf:l'J~ ltleBo""'_'llOc:k_ etsmu.t .ubmit 'said =.:...r"'fto:.~, tn. ve~. Ie, : ~;,.,.!t'! .. loT. ~ - sMfl . be su ftlltted to th4l, i~prqp:rlat. County *ff.. mlntmum of sev. ;In..)'s prior to the .'~Allm.. Uled Iri presenta- tIonI. .' before the Board WItt "become a p.rma- _lIjll'lolllltreconl. ABy <"l"IOn who decld. eI"tl)-appeal .dectslon ~ lilt "'"'!.w"' _ 0 ~~!!l!~-I ~"rQ~!h~.~. n=,...ul"t. tMta v..... ,. ..rt!Cont of the , , pr~~..,.;l.i!E' ! ~ 1O~,'C!. es do,- "...., ll/ICI eVI'1 _~._.e ft..~ o.n.,.w....'~...h_...~h~ !m'.' . llUHTY C "". ,'. F '..'i." _,d,/' "TV, J .' ,:<",'CHA'R. gL~"T E' BROCk,) ~: c=: JermeJilI1n. Dep. filAli . May 27 No.' 1562683 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 Otlice. The completed routing slip and original documents are to be forwarded to the Board Otlice only !.fly the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the . exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson line #51. Route to Addressee(s) . Office Initials Date (List in routine order) I. Judy Puig CDES Administration 2.~ ~~ I< ., 'm~. bioi 07 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only after the BeC has acted to approve the item.) Name of Primary Staff Michael J. DeRuntz, C.F.M.. Phone Number 403-2416 Contact Principal Planner, Zoning and Land Dev. Review Agenda Date Item was June 12, 2007 Agenda Item Number 17A Approved by the BCC Type of Document PUDA Ordinance (AR-I0916) o'1....lf~ Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initial ~re uired. In most cases (s e contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 6/12/07 (enter datc) and aU changes made dnring the meeting have been incorporated in the attached docnment. The Count Attorne 's Office has reviewed the chan es, if a (icable. 2. 3. 4. 5. 6. Yes (Initial) N/A (Not A licable) ~. ~ol' \'A.y . 17A ORDINANCE NO. 07-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM MIXED USE PLANNED UNIT DEVELOPMENT M(PUD) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) FOR A DEVELOPMENT KNOWN AS PINE RIDGE MIXED-USE CENTER PUD LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.02010 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 06-06, THE FORMER PINE RIDGE MIXED-USE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, AICP, of Planning Development Inc., representing Grand Inn of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 49 South, Range 25 East, Collier County, Florida, is changed from the Mixed Use Planned Unit Development (MPUD) Zoning District to the Mixed Use Planned Unit Development (MPUD) Zoning District in accordance with the MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 06-06, known as the Pine Ridge Mixed-Use Center PUD adopted on January 24, 2006 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. I 17A SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this / 1. day of 9~./ ,2007. ATTEST: DW1<:JH;T E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , "\'. ~),'~(t,'~ f. .'i".'.....:.."'.~ . \. . l( ~. , lJ A.t t~s'i': ~ $ . tl,}:th4fRiWt~ Clerk stQllatll" OIIl.!.. ApproVeij'as't~ form and legal sufficiency BY: ~~~ J S N. COLETTA, CHAIRMAN 11Jf~~ft" i, m ~-~ MaIjo' M. Student-Stirling Assistant County Attorney PUDA.2006.AR.I0916 2 17A EXHIBIT "A" PINE RIDGE MIXED-USE CENTER A Mixed Use Planned Unit Development REGULATION AND SUPPORTING MASTER PLAN GOVERNING PINE RIDGE MIXED-USE CENTER. A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Grand Inn of Naples, Inc. 1100 Pine Ridge Road Naples, Florida 34103 PREPARED BY: Michael R. Fernandez, AICP Planning Development Incorporated 5133 Castello Drive Suite 2, Naples, Florida 34103 239.263.6934/239.263.6981fax POI MRF @ aol.com ORIGINAL DOCUMENT DATE 03-18-05 REVISION DATE DATE FILED 06-12-07 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEALS 05-03-07 06-12-07 2007-47 1995-52 2006-06 17A TABLE OF CONTENTS PAGE THRU PAGE TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE ii iii iv ii iii iv SECTION PROPERTY OWNERSHIP & DESCRIPTION 1-1 1-3 II PROJECT DEVELOPMENT 2-1 2-4 III MIXED-USE DEVELOPMENT COMMITMENTS 3-1 3-4 IV DEVELOPMENT COMMITMENTS 4-1 4-3 ii EXHIBIT "A" TABLE I 17A LIST OF EXHIBITS AND TABLES MPUD Master Plan Land Use Table iii 17A STATEMENT OF COMPLIANCE The development of approximately 4.02 acres of property in Collier County, as a Mixed Use Planned Unit Development to be known as Pine Ridge Mixed Use Center will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The mixed-use residential and commercial development of Pine Ridge Mixed Use Center will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is located in an area identified as a Mixed Use Activity Center in the Growth Management Plan for Collier County. 2. Activity Centers are the preferred locations for the concentration of commercial, high- density residential and mixed-use development activities. 3. The project development is consistent with Policy 5.3 of the Future Land Use Element for the reason that it minimizes the cost of community facilities by confining urban intensity development to areas designated as Urban. 4. The project is compatible with adjacent land uses, as required by Policy 5.4 of the Future Land Use Element, through the internal arrangement of structures, the placement of landscape buffers, and the proposed development standards contained herein. 5. The project development is a mixed-use development as encouraged by Policy 7.5 of the Future Land Use Element. 6. The project development provides interconnection to adjacent local streets consistent with Policy 7.3 of the Future Land Use Element. 7. The proposed residential density of 14 units per acre is consistent with the Mixed Use Activity Center Subdistrict which provides for mixed use development with up to 16 units per gross acre. 8. The subject property area is 4.02 acres by 14 units per acre to equal a 56 dwelling units maximum. 9. The project will be served by a complete range of services and utilities as approved by the County. Water and sewer utilities are provided by the City of Naples. 10. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance of the Land Development Code (LDC). iv 17A SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Ridge Mixed Use Center. 1.2 LEGAL DESCRIPTION The subject property being 4.02:t acres, is described as: A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to map thereof recorded in Plat Book 2, Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: Commence at the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section 662.3 feet; thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of West half (W1/2) of said lot 51 to the point of beginning: thence run South along the West line of said East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to the South line of said lot 51: thence run East along said South line for 150 feet; thence run North parallel to said West line of the East half (E1/2) of the West half (W1/2) for 316.5 feet more or less to a point on the North line of said Lot 51; thence run West along said North line for 150 feet to the point of beginning: being West 150 feet of said East half (E1/2) of the West half (W1/2) of Lot 51, less and except the North 10' thereof. East 150 feet of the West 300 feet of the East half (E 1/2) of the West (W 12) of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARM, a Subdivision according to the Plat thereof, as recorded in Plat Book 2, at Page 2, in the Public Records of Collier County, Florida, less and except the Northerly 15' thereof. A lot or parcel of land lying in Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS according to a map or plat thereof as recorded in Plat Book 2, at Page 2, of the Public Records of Collier County, Florida, which lot or parcel is described as follows: From the Northwest corner of Section 15, Township 49 South, Range 25 East, run Easterly along the North line of said section for 662.3 feet: thence run Southerly for 15 feet to the Northwest corner of the East half (E1/2) of the West half (W1/2) of said Lot 51, thence run Easterly along the North line of said Lot 51 for 375 feet to the point of beginning of the lands hereby conveyed. From said point of beginning run South, parallel to the West line of said East half (E1/2) of the West (W1/2) for 316.5 feet more or less to the South line of said Lot 51, thence run East along said South line for 75 feet, thence run parallel to said West line of the East half (E1/2) of the West half (W1/2) for 1-1 17A 316.5 feet more or less to a point on the North line of said Lot 51: thence run West along said North line for 75 feet to the point of beginning, being the East 75 feet of the West 450 feet of said East half (E1/2) of the West half (W1/2) of Lot 51. South 105 feet of the East 125 feet of the West % of Lot 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. East half (E1/2) of the West half (W1/2) except the East 125 feet and except the West 450 feet of Lot 51 less the North 15 feet for right-of-way, Lot 51 NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. East 75 feet of the West 375 feet of the East half (E1/2) of the West half (W1/2) of Lot 51 less the North 15 feet for right-of-way, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS as recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. 1.3 PROPERTY OWNERSHIP The property is owned by Grand Inn of Naples, Inc., Michael Kessous (contact) and is hereinafter called "applicant or developer". 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The property is located in Section 15, Township 49 South, Range 25 East. The property consists of approximately 4.02 acres and is located approximately 740 feet from the southeast corner of U.S. 41 and Pine Ridge Road and off and south of Pine Ridge Road. The property currently supports a 105-room hotel which is permitted for conversion to structure supporting 56 condominium units, an 8,000:t square foot restaurant and approximately 30% or 1.2 acres of open space. B. The zoning classification of the property prior to the date of this approved MPUD Document was MPUD. 1.5 PHYSICAL DESCRIPTION The property has the following designation relative to flood - FEMA FIRM Flood Zone XO. Community-Panel Number 120067 0383G; Effective Date: November 17, 2005. 1.6 PROJECT DESCRIPTION The Pine Ridge Mixed Use Center is a proposed mixed-use center, which will support a maximum intensity of development not to exceed commercial (general office) square footage of 34,000 square feet and 14 residential dwelling units per acre. 1-2 17A 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Pine Ridge Mixed Use Center Mixed Use Planned Unit Development Ordinance." 1-3 17A SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances and other project relationships. 2.2 GENERAL A. Regulations for development of the Pine Ridge Mixed Use Center shall be in accordance with the contents of this Document, MPUD-Mixed Use Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat (if required), final site development plan (SDP), excavation permit and preliminary work authorization. Where these regulations fail to provide development standards then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Pine Ridge Mixed Use Center shall become part of the regulations which govern the manner in which the MPUD site may be developed. D. Unless modified, waived or excepted by this MPUD Document or associated exhibits, the provisions of other sections of the LDC where applicable remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the LDC relating to adequate public facilities. 2-1 17A 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including access locations, is illustrated graphically by Exhibit "A" MPUD Master Plan. There shall be one (1) general mixed-use tract. TABLE I: PINE RIDGE MIXED USE CENTER ESTIMATED LAND USE SUMMARY TYPE UNITS I SQUARE FOOTAGE ACREAGE M Mixed Use 56 multi-family units' 34,000 sf commercial 4.02:t Exhibit "A" is a MPUD Master Plan and is an illustrative preliminary development plan. Design criteria and layout illustrated on this supporting exhibit shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project development, as set forth in this Document. 'One unit of the approved 56 multi-family units shall remain dedicated as a care-takers residence for the duration of the project. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A mixed use center with a maximum intensity of development which shall not exceed 56 multi-family units and 34,000 square feet maximum of general office uses. The gross project area is 4.02:t acres. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida as may be applicable. B. Exhibit "A", MPUD Master Plan, constitutes the required MPUD development plan. Subsequent to or concurrent with MPUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the MPUD Master Plan. Any division of property and the development of the land shall be in compliance with the LDC and the platting laws of the State of Florida. C. The provisions of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in the LDC prior to the issuance of a building permit or other development order. 2-2 17A D. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the LDC. F. The developer shall make a contribution to the County's Affordable Housing Fund in the amount of $1 ,000 per residential dwelling unit within 60 days of the approval of the MPUD. 2.6 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Amendments may be made to the MPUD as provided in the LDC. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association, or another appropriate entity, whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the LDC. 2.8 LANDSCAPE BUFFERS, FENCES AND WALLS Landscape buffers, fences and walls are generally permitted as a principal use throughout the Pine Ridge Mixed Use Center. The following standards shall apply: A. Landscaping slopes shall have the following maximum side slopes: 1. Grassed slopes 3:1 2. Ground covered slopes 2:1 3. Rip-Rap slopes 2:1 4. Structural walled changes in elevation - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. 2-3 17A 2.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Pine Ridge Mixed Use Center MPUD. A. General Permitted Uses: 1. Essential services: Essential services are defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Essential services are accessory uses to the permitted uses listed in Section 3.2. 2. Water management facilities and related structures. 3. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 2-4 17A SECTION III MIXED USE DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to set forth the regulations for the Property designated on Exhibit "A", MPUD Master Plan, as "Mixed-Use". 3.2 No building or structure, or part thereof, shall be erected, altered or uses, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings. 2. General office uses which are listed by the C-1 through C-4 Commercial Zoning Districts of the LDC, as they may be amended and further limited to those uses which do not require parking in excess of the parking requirement for office. B. Permitted Accessorv Uses and Structures 1. Accessory uses and structures customarily associated with the uses listed above. 2. Covered parking structures/garages. 3.3 DEVELOPMENT STANDARDS: A. Lot Area: 10,000 square feet B. Lot Width: 100 feet C. Maximum Buildinq Heiqht and Setback Requirements: 1. Primary structures: project boundaries: Max. Bldg. Height Setbacks Requirements Front (East) Side Greater of (West) Side Rear 25 ft 35 ft 45 ft 25 ft 25 ft 35 ft 15 ft or % BH 15 ft or % BH 15 ft or % BH 25 ft 25 ft 35 ft 25 ft 50 ft 75 ft 3-1 17A 2. Setback requirements for primary structures: interior boundaries: the greater of 10 feet or half the height of the structure. 3. Setback requirements for covered parking and/or garage accessory structures: 15 feet: except from Pine Ridge Road which requires a 20 foot setback. 4. Maximum actual building height, as defined by the LDC, of the 3-story office building is 50 feet. D. Distance Between Principal Structures: A minimum of half the sum of the height of the structures, unless attached, then none. E. Maximum Heiqht of Covered Parkinq Structure: Twelve (12) feet. F. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building. G. Maximum Number of Stories (see Section 3.3.C and MPUD Master Plan for additional buildinq heiqht standards): 4 Stories for Residential Structures. 4 Stories for Mixed Use Structures. 3 Stories for Office Buildings. H. Landscapinq: As required by the LDC unless specified herein. All trees within buffers adjacent to rights-of-way shall be installed with a County Planning Staff approved deep root system. 1. The following buffers shall be considered to meet or exceed LDC required buffers: a. MPUD Type "D.1" Landscaped Buffer: This buffer shall have an overall width of 20 feet. The public sidewalk has been displaced from public right-of-way to within the subject property where practical. This has provided desirable landscaped separation between the sidewalk and the roadway curb. The width of the displaced sidewalk is included within the width of this buffer. 3-2 17A Tree and hedge installation shall meet the requirements of the LDC Type D buffer. b. MPUD Type "B.1" Landscaped Buffer: LDC Type B tree and hedge requirements in addition to a masonry wall/fence or prefabricated concrete wall/fence shall be provided: except that the spacing of the shade trees shall be 15 feet and the trees shall have a minimum height at installation of 12 feet. c. MPUD Type "B.2" Landscaped Buffer shall be required where the subject property abuts commercially zoned property: LDC Type B tree and hedge requirements in addition to an integrated green or black vinyl coated chain link fence shall be provided, except that the spacing of the shade trees shall be 20 feet and the trees shall have a minimum height at installation of 10 feet. 2. In order to facilitate the potential retention of existing trees, no water management facilities or no new lines of continuous utilities shall be developed within the required buffers. I. Landscapinq for Off-Street Parkinq: In order to facilitate the retention of existing trees, rows of parking spaces may contain more than ten (10) parking spaces uninterrupted by a landscaped island provided that an average of ten (10) or less spaces is maintained within the overall development. J. Open Space Requirements: Thirty (30) percent of the acreage of the MPUD. This acreage may include the development of open space plaza features inclusive of water elements, and decorative pedestrian walks and seating areas enhanced by landscaping. K. Liqhtinq: The maximum height of existing parking lot and site lighting fixtures shall be 16 feet and installed and located in a manner so that light shall be shielded from residentially zoned areas. No neon lighting shall be visible from the exterior of the project. New parking lot fixtures, except at project entrances where lighting must meet arterial level lighting standards, shall be limited to bollards to avoid conflicts with trees. 3-3 17A L. Parkinq: Each unit shall provide 2 parking spaces per residential unit. General office parking requirements will be provided as required by the LDC at the time of SDP application. 3-4 17A SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in accordance with SDPs, final subdivision plats and all applicable State and local laws, codes and regulations applicable to this MPUD. Except where specifically noted or stated otherwise, the standards and specifications of the LDC or successor ordinance, shall apply to this project. The developer, its successor and assigns shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee shall agree to follow the Master Plan and the regulations of the MPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition any successor or assignee in title of the developer is bound by any commitments within this Document. 4.3 MPUD MASTER PLAN A. Exhibit "A", MPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or SDP application, subject to the provisions of the LDC and amendments as may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas on the property. 4.4 ENVIRONMENTAL A. This MPUD shall be consistent with the Environmental Sections of the GMP Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. B. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the property owner. 4-1 17A C. This MPUD is required to maintain 10,541 square feet of preserve /mitigation and these areas shall minimally meet the development standards permitted by SDP- 147. D. A Preserve Area Management Plan shall be provided to Environmental Review Staff for approval in the first subsequent application for SDP amendment or new SDP after approval of this MPUD. The site plan shall delineate the location of the provided 10,541 square feet of preserve/mitigation and shall identify methods to address treatment of invasive exotic species, fire management, and maintenance. Principal structures shall be setback a minimum of 25 feet and accessory structures shall minimally have a setback of 10 feet except for the dumpster enclosures and existing paved parking areas which may accommodate covered parking as permitted by the prior zoning and associated SDP. 4.5 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devises (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a MPUD amendment is to be processed. D. Site related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with applicable County Ordinances. 4-2 17A F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this MPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of any existing County rights-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. K. If a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. L. A sidewalk connection shall be made from Castello Drive to the sidewalk at the handicap parking area. 4-3 c'c m'm <cz m<m 5cC' .mF .c m'Z ~ffi~ tn-<.. 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II / ii' \..... ! 1'\ '/\11'\ \ m (") -i 0 Z ,~ (") -i 0 0 r " C m Z <J> ;tJ I (") 'U 0 '" C w Z <J> -i ,-< 0 C ~ -i , I 0 ;tJ ~ is J> Z Gl m N ~ m J> <J> ,-i \~ ,Z '\0 rT A: () ~~, ," , " \ I~ ;1(5)IHIIC({H:':1IIIIHIUlLJ:II~iJ [j"}J1l[}C[}I]C:1 nrl;:;'llce;::::; 1~)i\:-~IK:ilhltt m :~ ~ ~m I . C;) ~. n ~~;~*z " 0 , ~. Z ~~ om z ~Z ~ i5~ ~ ~c z . Z ' 2 co, c g , '~ ~E RIDGE MIXED USE MPUD] """..,,;,,, IF'''''''') . . PLANNING DEVELOPMENT INCORPORA TED PUD MASTER PIAN ~!!! ' 9: ~ D,-vELOPMENrCONSULT,wTS,EN<JI"H"RS_PL~~NENS~"DLANDSCAPfARCHITfCTS d,." EXHIBIT , ~"""'_"--"'ti:..!t''[ CRANDINNOFNAPUS,,^'C. o'3j CAsnUiJ DRIVE. SUITEI!, NAI'LES, nOIlIV^:)4rn:r ,JOa prWE "'DUE ",,'D 1",0'"''"''''''' ~c.._=_ ,,,/..,.,,,. "'/'1"]-,,,,,,(/..) POI ~.,..OL""~ "',,", ""....".... c"",",I~ ...1 , =-"",..0,,,,-,""'-,5 I/APL[S . . - 17A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-47 Which was adopted by the Board of County Commissioners on the 12th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of June, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners. (luv.. h~ 0.( By: Ann Jennejohn, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 178 To: Clerk to the Board: Please place the following as a: ~ Normal legal Advertisement (Display Adv., location, etc.) D Other: ********************************************************************************************************** Originating Deptl Div: Engineering Services, Community Development & Environmental Services Person: Stephen Higgins Date: 5/1 0/2007 Petition No. (If none, give brief description): A VPLA T ,2007-AR-11576 Petitioner: (Name & Address): VK Holdings Treviso Bay LLC, 19275 W, Capitol Drive, Suite 100, Brookfield WI 53045 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Alan Cruz, Johnson Engineering Inc., 2350 Stanford Court, Naples, Florida 34112 Hearing before X BCC BZA Other ::'\ lLf ~('a; Requested Hearing date: (Based on advertisement appearing Y days before hearing) June 12, 2007 Newspaper(s) to be used: (Complete only if important): ~ Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: See Resolution Companion petition(s), if any & proposed hearing date: nla Does Petition Fee include advertising cost? ~ Yes D No If Yes, what account should be charged for advertising costs: 131,138327-649100 Division Administrator or Designee 51/?' /" ;Z Date List Attachments: Executive Summary -Copy Resolution with exhibits - Copy DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office D Requesting Division D Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE.2.If~n M"Yt i A I.., I rf1 Date Received: ~ Date of Public hearing: ~ Date Advertised: 5{Z'7/of] "t" '0/310'1 178 ' RESOLUTION NO. 07-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT-2007-AR-11576, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE COUNTY UTILITY EASEMENT ENCUMBERING TRACT "FD-1", L1PARI-PONZIANE, A SUBDIVISION AS RECORDED IN PLAT BOOK 47, PAGES 80 THROUGH 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 31, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Sections 177,101, Florida Statutes, Petitioner, VK Holdings Treviso Bay LLC, has requested vacation of a County Utility Easement over Tract "FD-1 ", Lipari-Ponziane, a subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31, Township 50 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 the County Utility Easement as specifically described in Exhibit 'A' is hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit. BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida; and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of ,2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency" EXECUTIVE SUMMARY 178 Recommendation to approve Petition A VPLA T -2007 -AR-11576, Lipari-Ponziane, to disclaim, renounce and vacate the County's and the Public's interest in a County Utility Easement encumbering Tract "FD-1", Lipari-Ponziane, a subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit "A". OBJECTIVE: To adopt a resolution vacating a County Utility Easement over Tract "FD-1 ", Lipari-Ponziane, a subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit "A". CONSIDERATIONS: Petition A VPLA T .2007 .AR-11576, Lipari-Ponziane, has been received by the Engineering Services Department from Alan Cruz of Johnson Engineering, Inc" as agent for the petitioner, VK Holdings Treviso Bay LLC. 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, 178 RECOMMENDATIONS: Adopt the Resolution for Petition A VPLA T -2007 -AR-11576, vacating the County Utility Easement encumbering Tract "FD-1", Lipari-Ponziane, a subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31, Township 50 South, Range 26 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 S;\20055429\20055429SD,dwg (SHEET1) tmh Apr 05. 2007 - 2;19pm 178 !---'g~~~ Z Ul)>~Ill:tO c::u-,.., ~ rn-lo}>in_ <:....,..,)>::u L6J 8::U,..,zin CJ) -10)>0 .. 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Z)>-<(jUl ;oz ;0 o :O)>of'Tl Oz ;000 -G) 0 So" 00)>0 0 g::", '" :r: '1 '1 )> ON (I) U1 }>en (I) r- 'Ii " '" =b )> o " Z " t:::!"TI::O "on ~::oJ!l "co -1~" ~=ir 1'T1-<~ zm<> ;1t;;~ OmO "''''CD ~~ITI m-l< ",,," ;!-I~ ri1 ~ '" <> ;; c g / r 0 \) l> -I - 0 z ? 3: l> -0 (f) -I ITl 3: l> -0 j1n~ " o~P(:lJ'I --I. - / N~l Iv SC"'-E ~ z ;1 @ I ~ ~ ~ ~ ~ ~ " " , ~ 0 non ,,0 c " -<~ -m , 00 ~ z ~ , I CJ , , ! , ! l '"" ~ 178 II " !I!~ irr~ ;/ Ii :/ ~:/ / ;/ ~~ e , " ; ~~ T j i ;;~I i/'I 5 ou> ~=4 _m o z y ~ ~-~ ~~ 'c ~8 ~ ~ ~ ~ m ~ o , 178 May 14, 2007 Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: A VPLAT-2007-AR-11576 Dear Legals: Please advertise the above referenced notice on Sunday, May 27, 2007 and again on Sunday, June 3, 2007. Kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O.lAccount # 131-138327-649100 l?n NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, June 12, 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-11576, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND PUBLIC'S INTEREST IN THE COUNTY UTILITY EASEMENT ENCUMBERING TRACT "FD-1", LIPARI-PONZIANE, A SUBDIVISION AS RECORDED IN PLAT BOOK 47, PAGES 80 THROUGH 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 31, TOWNSHIP 50 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: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts COIJpfy'ofG(()llier CLERK OF THBuClRCUIT COURT COLLIER COUNTY QaURTt"OUSE 3301 TAMIAMI nUlL EA'ST P.O. BOX 4~~044 . NAPLES, FLORlDA ~~4101-3d.t4 ~/ 170 Clerk of Courts Accountant Auditor Custodian of County Funds I --;.7 May 14,2007 VK Holdings Treviso Bay LLC 19275 W. Capitol Drive Suite 100 Brookfield, WI 53045 Re: Petition AVPLAT-2007-AR-11576 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 12, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 27, 2007 and again on Sunday, June 3, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~. 'LLLLQ, VuC.D-\1Z~ " . eresa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerklalclerk.collier.fl.us Dwight E. Brock Clerk of Courts GOl!PtyofGollier CLERK OF TH:BClIRCUIT COURT COLLIER COUNTYQoURT~OUSE 3301 TAMIAMI niAIL EA<ST P.O. BOX 4i,a044 , NAPLES, FLORIDA'~jI01-3044 " t( ! 178 Clerk of Courts Accountant Auditor Custodian of County Funds May 14,2007 Alan Cruz Johnson Engineering, Inc. 2350 Stanford Court Naples, FL 34112 Re: Petition A VPLAT-2007-AR-11576 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 12, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 27, 2007, and again on Sunday, June 3, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ ~ I LUL~ Vc:Cc.S~\rLt \~a Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.fl.us Fax - (239) 775-2755 Email: collierclerklalclerk.collier.fl.us Teresa L. Polaski 178 To: Subject: legals@naplesnews.com A VPLA T -2007 -AR,11576 Attachments: A VPLA T -2007 .AR,11576.doc; A VPLA T -2007 ,AR,11576.doc Legals, Please advertise the following on Sunday May 27, 2007 and again on Sunday June 3, 2007. Any questions, please contact me. Thank you ~ ~ AVPLAT-2007.AR.! AVPLAT.2007,AR.! !576.doc (28 K... !576.doc (26 K... Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.Po las ki@collierclerk,com) ! l?B Teresa L. Polaski From: Sent: To: Subject: postmaster@collierclerk.com Monday, May 14, 2007 11 :01 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: A TT232991. txt; A VPLA T -2007 ,AR-11576 1!'1 GJ r-;:1 L::..J A TT232991. Ixl (231 B) AVPLAT,2007.AR.l 1576 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 pa7lS. Teresa L. Polaski From: Sent: To: legals@naplesnews,com Tuesday, May 15, 2007 1 :38 PM Teresa L. Polaski Subject: RE: AVPLAT.2007-AR-11576 OK From: Teresa L. Polaski Sent: 5/14/2007 11 :00:48 AM Legals, Please advertise the following on Sunday May 27, 2007 and again on Sunday June 3, 2007. Any questions, please contact me. Thank you <<AVPLAT-2007-AR,11576.doc>> <<AVPLAT.2007-AR,11576,doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.Po las ki@collierclerk.com) Under Florida Law, e-mail addresses are public records. if you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 5/15/2007 'iAPLES nAILY NEWS Published D{lll~ Naples, FL .'-l11l2 ~1~= Co_I.....,. '" Col. J,er CoIoi.ftQ wRI hold a _.. _~ Tu\II. ilOY,_l2, Inllle -0lIl1o~ FIoOl', MIn_ n lu1kl1nG, Cottl.r .cOunty- Govern- ment Ctrlter, 3301 East ,Uttia Affidavit of Publication State of Florida County of Collier Before the undersigned they SCTYC as the authority. personally appeared .ftJ.anill. \\ho on oath says that they sene as the Assistant Corpor;ltc Sccrctar: of the !\aplcs Daily. a Jail., newspaper published al Naples. ill Collier CoulIty. Florid,l: dislributcd in Collier and Lee counlics of Florida: that Ihe alt;lchcd COp: of the <lct\crtising. being a PUBLIi:'. NOTICE in the matter of PUBLIC NOTICE \\as published III said nc\\spapcr 2 limes in the issue Oil Ma\ 27th. JUlle )](12007 \llianl further ~ay' that tlk' ~aid \"i1rks lhih "\;:\\S is a lll:\\spapc:! puhlished at 'apk'" ill ~aid C\'lli..::r CUllt11y. F!,lriJ.L and that tho.:: said Ih::\\~pap.:r has il~'l"d()r()1 e' h,.'ll ":;(J!ltil1ll,)\i~h' PLlhlish..:d in s,liJ Colli'::l" C\1111l1~. Ilorida~ distrihut,,;,i 1I1 ('ollieT :ll1d 1.-;<'; countio.::s of Florida. c~lc:h <.la, "t1d !L\~ h~,:1l ~'nl...r~'d ;\s 'i'..'vi'nd e.Lt~~ mail mall~r at 111... post ,)rti..:~' 111 \~lpk~. 111 ,llll! C>lliu- ('ounl\. F/P1"ida. 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BROCK, CLBRK RBC m coms 17.00 3,00 RESOLUTION NO. 07- 148 178 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION A VPLA T -2007 -AR-11576, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE COUNTY UTILITY EASEMENT ENCUMBERING TRACT "FD-1", L1PARI-PONZIANE, A SUBDIVISION AS RECORDED IN PLAT BOOK 47, PAGES 80 THROUGH 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SITUATED IN SECTION 31, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING PARTICULARLY DESCRIBED IN EXHIBIT 'A'. WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, VK Holdings Treviso Bay LLC, has requested vacation of a County Utility Easement over Tract "FD-1", Lipari-Ponziane, a subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31, Township 50 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 the County Utility 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 /1- day of c:;,u, ~ 0 _ , 2007. , . i'.% .' ',' ,:"c DAtF:~to~it~,+".' AH~St." ." , .P~~I~':'-99~~ ~t~Chalnaan , s I gn"ture on I , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B, .d~~ JA COLETTA, CHAI MAN Approved as to form and legal suffjcienc~{ Item II I !I ';;;'~i oj) cd ~z J. ~1~O;ilj(lHSA'flI Ii; o :~ OR: 4243 PG: 2512 z o w- >->- - ~ <nO o J -, ~ v' " ~ ;~I" - .- , " ,,"') OlJ0N -'- I >-2 00 w- ~~ 00 ~o o.J <::1'[,1' ~e~lCO of ?B a.. <( ~ UJ ~ (/) 8 ::> !!, Q '" "' "' >- ... 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Al '" '" e1 '" .., o Al !=' o N CD ,. o Al '" (/I o '" r >- Z ,0 '" o Al '" o Al r '" UJ !f1 - b);> r(/l" 5~-1)> :fo~ ~0fT1 rr r -0 Sri'" or 0" eZ ZO "'UJ -<- , .., e "''' r.., 0", 020 o ,.2' "(/1 z'" 00 .., ~o _Z Z 0," ti t:':I CIJ () :;0 - '1:l >-3 ..... o z '" 0-; AlO "'''' Z "UJ "I Al- oj" ou- Co r "UJ AlO re -<.., O,I '" UJAl 0" AlZ iii" ",'" ON ,.m ,n -.---- - - -----J 7 C 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.) .........................*****........**.................*...*.~*:f)r:*..*~~~..~*.*. Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Mike DeRuntz, CF.'~ppate: r* ~ /" Petition No. (If none, give brief description): CU-2006-AR-9458. Immokalee Concrete Plant Petitioner: (Name & Address):Agnoli, Barber & Brundage, Fred Reischl, AICP, 7400 Tamiami Tr N, Ste. 200, Naples. FL 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) George L. Varnadoe, Esq., Cheffy, Passidomo, Wilson, & Johnson, 821 5th Ave., S., Suite 201, Naples, FL 34102; Silver Strand III Partnership, 2600 Golden Gate Pkwy" Naples, FL 34105 Hearing before Bee BZA Other Requested Hearing date: Mav 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: CU-2006-AR-9458, Silver Strand In Partnership, represented by George L. Varnadoe, Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, Alep, of Agnoli, Barber & Brundage, Inc., requesting a conditional use for Rinker Concrete Plant at Silver Strand in the Rural Agricultural with an Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14_74~ 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. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113.l38312.6491IO No If Yes, what account should be charged for advertising costs: Reviewed by: ~ 'tn, J6~ /Department Head !.1h)7 Date Approved by: County Manager List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be 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 rile: 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. ....****.*..**...*.*.*......****.***.*******.*.*.* *******...***********.*.*..*..*****.****...* Date Advertised~C~ FORCLERK'U>fFlCf~ONLY: C Date Received: ~ vate of Public hearing: ~ RESOLUTION NO. 00,_ A RESOWTJON OF THE BOARD OF ZONING APPEALS PROVIDING FOR TIlE ESTABLISHMBNT OF A CONDmONAL USE FOR A CONCRETE PLANT AT SILVER STRAND IN TIlE RURAL AGRICULTURAL-MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICf PURSUANT TO SECTION 2.()I.03, TABLE 2 OF THE COLI.JBR COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION IS, TOWNSHIP 47 soum, RANOE 29 EAST, IMMOKALEE, COllJER COUNTY, FLORIDA. WHEREAS, Ille 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, cool'dinaJo and enforce zoning and such business regulations as are neceRltary for the protection of the public; and WHEREAS, the County pursuant Illereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional URe.'1; and WHEREAS, the Bow of Zoning Appeols (Board), being the duly appointed and constituted planning board for the area horeby 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 cone...... plant at Silver Strand in lIIe Rural AgricuJtural,Mobile Home Overlay (A-MHO) Zoning District pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code on the property hereinafter described. and the CoUier County Plannin.g Commission has found as a m~r of fact (EXhibit "A") that satisfactory provision and arrangement have been made corceming all applicable matters required by said regulations and in accordance with Sub8ectifn IO.08.00.D. of Ille Land Development Code; and "\IfHBREAS, all interested parties have been given opportunity to be heard by this Board ;n a pUbfic meeting assembled and rhe Board having considered all matters presented. ~OW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF CO~ COUNTY, FLORIDA. that; ire petition filed by Fred Reischl, A1CP, of Agnoli. Barber & Brundage and George 1. Vamad4. Esq.. of Cheffy Passldomo Wilson. & Johmroo, LLP, representing Silver Strand m , Partne"'~ip with respect to lIIe property hereinafter described in Exbibit "B," attached hereto and I incorpotited herein by R:ference. be and the same is hereby approved for a conditional use for a concrete I plant at Silver Strand in the Rural Agncultural,Mobile Home Overlay (A-MHO) Zoning Ijaistrict in accordance with the Conceptual Master Plan (Exhibit lie") and subject to the COnditi~S set forth in Exhibit "D." attached hereto and incorporated herein by reference. Page 1 of2 17C Bonrd. BE IT FURTHER RESOLVED 1hat this Resolution be recorded in the miou"" of this day of , 2OCf7. 'This Resolution adopted after motion, second and super-majority vote tbiR Done this day of ATI'EST: DWIGHT E. BROCK. CLERK By: , DEPUTY CLBRK . K1atzkow Managing Assistant County Attorney CU.2,006../t.R-9<f,1IMD/Ip ,2007. BOARD OF ZONJNO APPEAlS COLLIER COUNTY. FLORIDA By: JAMES COLE'ITA, CHAIRMAN Pag.2of2 17C . 17{: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: CHAIRMAN: EXHIBIT A ----.tl__ l?C BATCH PLANT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTII, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 00'04'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1345,56 FEET; THENCE LEAVING SAID LINE NORTH 89'17'51" EAST A DISTANCE OF 150.01 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRIBED IN OFFICIAL RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 89'17'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1203,97 FEET; THENCE LEAVING SAID LINE SOUTH 00'07'30" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 900,05 FEET; THENCE LEAVING SAID LINE SOUTH 89'17'51" WEST ALONG A LINE 900,00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 615.03 FEET; THENCE LEAVING SAID LINE NORTH 00'07'30" WEST ALONG A LINE 615.00 FEET WESTERLY FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET; THENCE LEAVING SAID LINE SOUTH 89'17'51" WEST ALONG A LINE 150.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID LINE NORTH 00'04'34" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING OF TIiE PARCEL HEREIN DESCRIBED; CONTAINING 14,74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. AGNOLl, BARBER AND BRUNDAGE, INC, PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS GEORGE W. HACKNEY P.S,M, 5606 CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. REF. ABB DWG # 9327-BS-31JAN07 EXHIBIT B , . 17C -t- - - - - - - - -~O~;OAD t- - - - - - - --- - ,-- -- - - ----..- ---r .,------- ---,;L--------r--~ , > gg -m '"lll il~ ~ ~ ~..-..-..L..-..-.t. -I'. I I !f--------T-------- - -~ ~ ., r---------------- -- ---~1 ,'I ~ Ir-----~------------ ---" ,I II :s:: II I' II t t )> II " 1,_" :<:0 II ,I ~ !1811 "'>CQ II~ I. ~ ;T:!jrl '" Z u8-+: ." ~ 1"" Q>o II:!j:I~\l" :l ~: I ~ ~ ~ l r :.~. ;!l -II 01 w.. -< C -I I 1-; , ,I ;'II' ;0 m " ~, .1 II Z IIUl!' '-',1'"'"'" I I G> TI :!.II-I I' 1 L------------------t--J ,. , ~ ....:1 L----------------1-- ____J \: ~ "I!;"=''--'.=''--+.'--'.f''~ -...--..dJ ~~ ;'I ~ ~I" . !liI~.!f,g, g _.: w I . ruurnt".I..EB CONCBBTB PlANT CONCIlI'TUAL MASJ1IIt PLAN EXHIBIT C 'I@ ~~ . H IIL'n3llnANDmpAaTNllUHlP 1a0ClLDlNllU1l.P,AKWAl' JWUlI.n,)4la CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 17C The petitioners agree to develop and maintain the project subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 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, so long as these minor changes remain consistent with all applicable development standards, 2. Expansion of the uses identified and approved within this conditional use, or maj or 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 of the Collier County Land Development Code, Ordinance 04-41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5, The height ofraw material storage facilities shall not exceed fifty (50) feet. 6. The hours of operation of the concrete plant shall be limited to two (2) hours before sunrise to sunset. 7. The minimum setback from Immokalee Road (CR 846) shall be 150 feet for operational facilities and seventy-five (75) feet for supporting administrative offices and associated parking. 8, An earthen berm achieving a vertical height of eight (8) feet or equivalent vegetative screen with eighty (80) percent opacity one (I) year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. EXHIBIT D 17C April 9, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CU-2006-AR-9458, Immokalee Concrete Plant Dear Legals: Please advertise the above referenced notice 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 l?C 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 CU-2006-AR-9458, Silver Strand III Partnership, requested 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 with an Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14.74 +/- 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. 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) Dwight E. Brock Clerk of Courts GOlJ;ptyofGollier CLERK OF THE (JIRCUIT COURT COLLIER COUNTYCp., URT1>f,o. USE 3301 TAMIAMI TJ,iAIL EA~T P,O. BOX4~~044 '" NAPLES, FLORIDA ;~~101-3044 " . t/ 17C Clerk of Courts Accountant Auditor Custodian of County Funds April 9, 2007 -_'..-.-11 / Agnoli, Barber & Brundage Fred Reischl, AICP 7400 Tamiami Tr. N, Ste 200 Naples, FL 34108 Re: Petition CU-2006-AR-9458, Immokalee Concrete Plant 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 \: fJ ll.Li.!A fK~<;, \CI 'pz \"-~esa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.t1.us Fax - (239) 775-2755 Email: collierclerklalclerk.collier.t1.us Dwight E. Brock Clerk of Courts CuUptyofCollier CLERK. OF THE ClRClJIT COURT ~'- \. COLLIER COUNTY CPURT!'tOUSE 3301 TAMIAMI TjiAIL EA~JT P.O, BOX 4~~044\ NAPLES, FLORIDAt1101-3U44 \'( 17C l' Clerk of Courts Accountant Auditor Custodian of County Funds April 9, 2007 I " /' George L. Varnadoe, Esq. Chefty, Passidomo, Wilson & Johnson 821 5th Ave. S. Ste 201 Naples, FL 34102 Re: Petition CU-2006-AR-9458, Immokalee Concrete Plant 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 r:: ') Lu.dC\ ~(O\i6~-z: \~sa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.c1erk.collier.t1.us Fax - (239) 775-2755 Email: collierclerk@c1erk.collier.t1.us Dwight E. Brock Clerk of Courts COl!PtyofGollier CLERK OF THE-G~RCUIT COURT COLLIER COUNTY q,o URTl'iOUSE 3301 TAMIAMI TJ,iAIL EA'ST P.O. BOX 4~~044 \ NAPLES, FLORIDA\3,1101-3044 '.~I \'( 17C Clerk of Courts Accountant Auditor Custodian of County Funds April 9, 2007 Silver Strand III Partnership 2600 Golden Gate Parkway Naples, FL 34105 Re: Petition CU-2006-AR-9458, Immokalee Concrete Plant Dear Petitioner: Please be advised that the above referenced petition wiIl 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 wiIl 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{2~ ~((/~~{ k Teresa Polaski, Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerk@cIerk.collier.fl.us Teresa L. Polaski 17C To: Subject: legals@naplesnews.com CU.2006-AR.9458 Attachments: CU,2006-AR,9458,doc; CU-2006-AR.9458.doc Legals, Please advertise the following on Sunday April 22, 2007. Any questions, please contact me, Thank you ~ ~ CU,2006.AR.9458. CU,2006.AR.9458. doc (28 K8) doc (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) 1 Teresa L. Polaski IlfC From: Sent: To: Subject: Clerk Postmaster Tuesday, April 1 0, 2007 11 :02 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT06397.txt: CU-2006-AR-9458 ~. liJ F":"71 L::.J ATT06397.txt (231 CU.2006,AR.9458 B) This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 CU-2006-AR-9458 Page 1 of1 Teresa L. Polaski l7C From: Sent: To: Perrell, Pam [paperrell@naplesnews.comj Tuesday, April 10, 2007 11 :30 AM Teresa L. Polaski Subject: RE: CU-2006-AR-9458 OK From: Teresa L. Polaski [mailto:Teresa.Polaski@c1erk.collierJl.us] Posted At: Tuesday, April 10, 2007 11:01 AM Posted To: Legals - NDN Conversation: CU-2006-AR-9458 Subject: CU-2006-AR-9458 Legals, Please advertise the following on Sunday April 22, 2007. Any questions, please contact me. Thank you <<CU-2006-AR-9458.doc>> <<CU,2006-AR,9458.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239,774-8411 (Teresa. Polaski@clerk.collier.fl,us) Under Florida Law, e-mail addresses are public records. if you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing. 4/1 0/2007 "iAPLES DAILY 'iEWS PlIblislied Daih Naples. FL1~ 1112 CU'2006-. AR-9458 NOTICE OF pUBLIC HEARING Notice 'she,ebY given tMt the BOard of County comm,lssloners of Col. II., county will hold a public hearing on Tues- Clay, May 8, 2007 In the Boardroom 3rd Floor, Adl'ftlhlstratlon Building, Collier 'County Govern- ment Center, 3301 East Tamlaml Trail, NaPleSj Flotlda..The meetlng,wll beGin at 9:00 A.M. ~lhe laIrd will consIder Petition ,CU.2006-A.R- 9,458, sliver strandt"dl ~Ptitnershlp. ,reques e by George l.. varnadoe. bqulre, oJ Chefty, p,"sldomo, Wilson & .Jbhhson. LLP and F,ed Relschl.AlcP.of. AGnail, I ._..~,ln"I' _~o CllrilI~lono ',\.iSifoi' Rlnker c;oncrete _ at sl1Vtr s..and In ..(M~ Rura1 'AGricultural ~ an MatHle,Home , 'a ,~.MH()) zonl .t'l~t. The SUble~ ,prverty, con.lstlng of 14.'1:" +/- acres. 15 tocat. ed "',; proximatelY 1.3dO<l feet__southof Stocka e Road'on the east side of ; ImmOkalee Road (CR I 846), In SectIon 15, ~..h-ii"-41'iCuttl. RaDfeZ9 -,!ast, Immoka. lee.-Cotller County, FIori. ,d~ ',No1'Et, An Persons wlsh- ~,..~,tQ', SPIO.kon anly dO _ must ,egIS' lNIth the county Ad. { r :DrIor ,to pre- of the agenda Item to be addressed. ~ldu.1 speakers will bttlmtted to 5 minutes on'J,ny' Item., The selee. ~::Jt an-,Indlvldual to , , on~lf of an oi'p,rtliatlOnOr group Is encoiitrqed.lf recog- nibj, b~ the Chair, a spokesperson. for a gfQuP t:lLor_'''. mzatlon _,be_'Omln. 'u.s' to' .Jleak on an _. 'p,ers-ons wlshl'ng to hOVe written or g,..hle materials Ine utled In the, Board agenda pack- ets,'nJu.st,$\Ibmlt said materteIa.'mtnk1lumof 3 wetkJPl'lor to the re- spective publ~ hearing. ""~'an c&$e. written ma. (tert_ Intended to be , 'red bv, the Board . _ ' , be luhmltted to ! e'~rop'rltte cO,unty '''fl'. ~of leV. ericlaYI, pf_lor to' the J!llI>fl!:bOOr",g. .11 me' terlal l,lSed In presenta. tlons hetore the Board will become a perma- nentpart oft!'ereCf?!d:" , Any perlon Who decld- e$ to appeal a dedslon Of the'lIOard,wlU,need a record -of, the, proeeed- Ings po"olnln. there'o Ind lhe're~ore. may need tbensure that a verbatim record of the proceedings Is made, which record Includes the testimony and evl. denceupon which the appeal Is based. BOARD OF COUNTY COMMI~ONERS COLliER COUNTY, FLORIDA JAMES COLmA, CHAIR. MAN g~~HTE. BROCK, ~. Teresa Polaski, Dep. Clerk IS U Acr, 22 No. 1552903 Affidavit of Publication State of Florida County of Collier Before the undersigned thc~ scn-c as the authority. personal!) appeared I?NlJ-~~~~~. \\ho on oath says tha1 thc) scn'c as the Editor of the Naples Daily, a daily newspaper p"blislied at Naples. ill Collier COllnly, Florid,,: distributed in Collier and Lee coulllies of Florida: Ihat the attached copy' of the ad\'crtising. being a PUBLIC NOTICE in tlie m"tter of PUBLIC NOTICE was published in said newspaper I time in the isslle on, April 22"" 2007 f\!Tiant further says that the said 'apks lhilv ,\,::\\S is a newspaper published at "apks. in said Colli~'r C (lunly, "lmiJa. and that Ihe said ne\\spaper hilS h..::rdof<ll'i: 1)(<:1} continuously pllbjish~'d in said C'llli:.::r Clllmt\. i'!,)riJa, dislllhllt.:d in ('<)111<::1' :tI1J I,,:,,: ..;uunties of j:lorida, ..::a...'h da~ and has hc..::n .:nkr..::d as seul11d c1a~s m:tiI1llJ.Ili.:r al th..:: post ornee ill 'ul'les. in said C<llli<:r ('mml::. 1-'Imida, for a period e)f 1 yeJ.r l1.:xt pn:..:..::ding tl1..: lirsl publi..:ali<m ollhe atla.:h..::d copy of J.d\'~t1isement: and allianl fllrth<.'l S:l\S thaI hL' has n..::ilher raiJ 11<11' promised any person, firm or <.('qh\ratiull ilny dis,l)UllL n:hali.:_ commission or rdimd li)r the purpllse ()fs~Lllfing this ad\'~I1is~ment for puhl" '~C'Ud"'l ~ ( SIgnature of affL-w!) S\\Ofn to and subscribed before me TillS 22J1d D"2ZflI211117 ,/ tf'.l--r2 ~~-c.1.C? (Sign; l~r'Z'~f~ot6~bl;ci --- .. .---;, ',~'h -""~"-~""~.......,~ c "\. ;~ :ta-ill-~';t~~rJ 'm!} vn~ "";\'i.~ ': ,.~--:;.:~,"~~ ~ ,',I ,!;'f .... .'....._, ~.-'--<"--.'," ...1' 17r \lI;,. C Page I of I Teresa L. Polaski 17C -~--"'~-'~-'---___~___w_~"_,_,__,__~,__ww~~__,__~______"__~_'__'__"__~'~'___'~_____~,____ From: deruntzMichael [Michaelderuntz@colliergov,net] Tuesday, May 15, 2007 4:30 PM Martin, Cecilia; Phillips, Sharon; Bedtelyon, Linda; Bellows, Ray; Brock, Mary: Filson, Sue; Minutes and Records; Puig, Judy; RamirezHeather; Sanders, Bob Subject: CU,2006,AR,9458, Concrete Manufacturing Facility at Silver Strand. Request for Continuance 5. 15,07 Sent: To: e,e. Please re-schedule the public hearings for CU-2006-AR-9458, Concrete Manufacturing Facility at Silver Strand for the Bee from May 22, 2007 to June 12, 2007, Michael J. DeRuntz, CFM Principal Planner Zoning and Land Development Review Department Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL 34104 michaelderuntz@colliergov.net 239-403-2416 (fax) 239-643-6968 5/15/2007 170 -, 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 document,> should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's si2nature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routina. order) I. Judy Puig CDES Administration 2. ~ -S-LrJ- I' t- ht.C)d G/3101 3. I 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only aner the BCC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Michael J. DeRuntz, C.F.M., Principal Planner, Zonin and Land Dev. Review June 12,2007 Phone Number Agenda Item Number Number of Original Documents Attached CU Resolution (AR-9458) 0 I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by tbe County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 6/12/07 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3, 4. 5. 6. 403.2416 17C Yes (Initial) N/A (Not A licable) ~ ~ ~. MEMORANDUM Date: June 13,2007 To: Michael DeRuntz, Principal Planner Planning Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2007-149 Enclosed please find one (1) copy of the document, as referenced above, (Agenda Item #17C), as denied by the Board of County Commissioners on Tuesday, June 12, 2007. If you should have any questions, please call me at 774-8411. Thank you. Enclosure 1 ?r \.l 17' r j, RESOLUTION NO. 07-~ A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A CONCRETE PLANT AT SILVER STRAND IN THE RURAL AGRICULTURAL-MOBILE HOME OVERLAY (A-MHO) ZONING DISTRICT PURSUANT TO SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No, 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for a concrete plant at Silver Strand in the Rural Agricultural-Mobile Home Overlay (A-MHO) Zoning District pursuant to Section 2.04.03, Table 2 of the Collier County Land Development Code 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 Subsection 1O,08,OO.D, of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition filed by Fred Reischl, AICP, of Agnoli, Barber & Brundage and George L. Varnadoe, Esq., of Cheffy Passidomo Wilson, & Johnson, LLP, representing Silver Strand III Partnership with respect to the property hereinafter described in Exhibit "B," attached hereto and incorporated herein by reference, be and the same is hereby approved for a conditional use for a concrete plant at Silver Strand in the Rural Agricultural-Mobile Home Overlay (A-MHO) Zoning District in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D," attached hereto and incorporated herein by reference, Page I of2 1 ?p :\...1 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote this / :J., day of CYu..." _ , 2007. ATTEST: DWIGH'f,B': SROCK, CLERK '. ,Po. " ' ;;)" BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By ~A# J ES COLETTA, CHATRMAN ~fDlCl56fil Uc ',~ . >, ,,' . ,;,,.., DEPJ.JT,Y CLERK , Attest asto'I.,,~nIIGII ... . . '. -,' . $\~4tlJ~~tl\ ~ zkow stant County Attorney CU.2006.AR.9458/M D/sp Item # j~ Agenda f~rl~ (~f) Date ~r Page 2 of 2 I FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 17C CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ./ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes, No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or -L.. Affect mitigated by , , _ Affect cannot be mitigated ~...... ) , , ( '. .c. l.."c D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes,' No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals, DATE: L/. ') .0'7 CHAIRMAN: /. I L v- , ,..--:> EXHIBIT A ~~~7 DATE TZ,C PRINCIP AL ANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVI 1/lc; /07 DAnl . ~/ /..--;7 :::> i ZO, 0 / DATE I A Y B LOWS, PLANNING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 3/2 -Z!o7 DATE -A~/O '-fVJ. / stu~ .&JSAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ., 3~3/c;7 DATE ' JO~ H K. SCH ITT, ADMINISTRATOR C<!'MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Collier County Planning Connnission: MARK P. STRAIN, CHAIRMAN DATE Staff report for the AprilS, 2007 Collier County Planning Commission Meeting Tentatively scheduled for the May 8, 2007 Board of County Commissioners Meeting Exhibits: A. Findings of Fact B. Proposed Conditions C. lAMP Map D. Traffic Impact Statement E. EIS Waiver F. Consistency Review l?C if'f eU-2006-AR-9458 Page 110111 cepe Meeting April 5, 2007 17C FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 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: YesK No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes)::: No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: ~o 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 k No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. ~M;;;;;A? ~ ~ 7 ~ q- S /J 7 DATE: EXHIBIT A CHAEL J. PRlNCIP AL ANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW RE~t\-[- JEFFREY'. ASSIST A* UN, 6---- I!i y~ttLbw~:;iA~ING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW .J.~/"l '--(v). / ~~ ..&JSAN MURRAY ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: ., ~~ // ~ JOS H K. SCH ITT, ADMINISTRATOR , C~Jy1MUNITY DEVELOPMENT & EMVIRONMENTAL SERVICES DIVISION Collier County Planning Commission: MARK P. STRAIN, CHAIRMAN ~~~ :7 DATE 1/1C; /07 DATFI I I --) lZ /'\ / rr::--:7 '--, f ... 'j.l .j / DAtE : ~o/2. -Z!o7 DATE 3~3 jJ? DATE ' DATE Staff report for the April 5, 2007 Collier County Planning Commission Meeting Tentatively scheduled for the May 8, 2007 Board of County Commissioners Meeting Exhibits: A. Findings of Fact B. Proposed Conditions C. lAMP Map D. Traffic Impact Statement E. EIS Waiver F. Consistency Review CU-2006-AR-9458 17C Page 11 ofl1 eepe Meeting April 5, 2007 17 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations, 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, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, 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 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7, The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking, 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page 1 of2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ,- ,~ ( CU-2006-AR-9458 The following facts are found: I. Section 2.04.03, Table 2 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 1...-/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by B~ ~ ~ _ Affect CalIDot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: 1J( j D 1 MEMBER: ~-~ -- EXHIBIT A 1 ?() 1. ' CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 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, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, 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 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan, S. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 7S-feet for supporting administrative offices and associated parking. 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter ofthe subject property. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page 1 of2 ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION ! CU-2006-AR-9458 The following facts are found: I. Section 2.04.03, Table 2 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 Y No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: f- )--d 7 MEMBER: T rz h/f EXHIBIT A 1?r: BATCH PLANT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 00004'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1345.56 FEET; THENCE LEAVING SAID LINE NORTH 89017'51" EAST A DISTANCE OF 150.Q1 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRIBED IN OFFICIAL RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 89017'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1203.97 FEET; THENCE LEAVING SAID LINE SOUTH 00007'30" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 900.05 FEET; THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 900.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 615.03 FEET; THENCE LEAVING SAID LINE NORTH 00007'30" WEST ALONG A LINE 615.00 FEET WESTERLY FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET; THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 150,00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID LINE NORTH 00004'34" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS GEORGE W, HACKNEY P.S.M. 5606 CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. REF. ABB DWG # 9327-BS-3IJAN07 EXHIBIT B FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION fJ/n CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 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 v No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, this conditional use should, with tipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: ithh . . MEMBER: EXHIBIT A '; ~)'J\ \" :.: i-\\~'f5\\.- \ l?C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 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, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, 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 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7, The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property. 9, Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page 1 of2 1 ?(l (/; FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2006-AR-9458 The following facts are found: I. Section 2.04.03, Table 2 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: C. A. Consistency with ~nd Development Code and Growth Management Plan: Yes / No - - B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ing~;eSs Yes No - - hboring properties in relation to noise, glare, economic or odor No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with a~cent properties and other property in the district: Compatible 7in district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE,t{-S-01 MEMBER'M v EXHIBIT A 17C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: 1. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations, 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, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, 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 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8, An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property, 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page 1 of2 l?C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006. The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations. 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, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, 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 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road), 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5, The height ofraw material storage facilities shall not exceed 50-feet, 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7, The minimum setback from Immokalee Road (CR 846) shall be ISO-feet for operational facilities and 7S-feet for supporting administrative offices and associated parking. 8. An eight- foot height berm with a vegetative buffer that consists of taller growing and denser type native trees shall be provided along the perimeter of the subject property, 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT B Page 1 of2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION '?r \....<, CU-2006-AR-9458 The following facts are found: 1. Section 2.04.03, Table 2 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-.-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 v No ~r'j C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ . No""ttl 0' __Affectmhig.edby Wt~Jil.~ d~ Affect cannot be mitigated ~ D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes No DATE: {D MEMBER: Based on the above findings, this conditional use should, wit recommende fo approval to the Board of Zoning Appeals. EXHIBIT A I?C BATCH PLANT LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE SOUTH 00004'34" EAST ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1345.56 FEET; THENCE LEAVING SAID LINE NORTH 89017'51" EAST A DISTANCE OF 150m FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE DESCRIBED IN OFFICIAL RECORDS BOOK 3802 PAGES 2557 THROUGH 2591 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 89017'51" EAST ALONG A LINE 30.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 1203.97 FEET; THENCE LEAVING SAID LINE SOUTH 00007'30" EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 A DISTANCE OF 900.05 FEET; THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 900.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 615.03 FEET; THENCE LEAVING SAID LINE NORTH 00007'30" WEST ALONG A LINE 615.00 FEET WESTERLY FROM AND PARALLEL WITH THE AFORESAID EAST LINE A DISTANCE OF 750.04 FEET; THENCE LEAVING SAID LINE SOUTH 89017'51" WEST ALONG A LINE 150.00 FEET SOUTHERLY FROM AND PARALLEL WITH THE AFORESAID NORTH LINE A DISTANCE OF 589.06 FEET TO AN INTERSECTION WITH THE AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE LEAVING SAID LINE NORTH 00004'34" WEST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 150m FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS + P.S.M. 5606 GEORGE W. HAC CONTAINING 14.74 ACRES OF LAND MORE OR LESS; SOBJECT TOEASEMENTSAND RESTRICTIONS OF RECORD; A[3STRACT NOT REVIEWED. REF. ABB DWG # 9327.BS.3IJAN07 EXHIBIT B $#& ~ iIW!& I i ~! ~~~!~ll~i, '" ~ ~ - ~ "" __ J ~ , IMMOKALEE ROAD ~ ~ ~ e' I ___tU.'_I!#tit , o. ~g <m m~ ~ i'i _Ct\Iiii tliJM %fffl! , " , ~ -- -, , , 1\lIs;. I Ie Z I I ~8 c:;; I (1) I I. I' , Z [) "I S; II g I ~ C 0 I I ~ a "-1 Y'" Z I I: :::lClla; I',e', Q~[) '-l'mn~ \ r();o 1-~:tJ~ .' , _ --I \ II m I', ' ::;1 c ~ ' -,----' , 2;!m' 'II .1 I z I I. n,i L_n____n___9_u__[__J in~ IlIz II ~o ~~Ul :,~________~~__~J_______ ------J1: 's ~~ .:...._.._.._...-1._.._..~ ..._..~ m > g "'z ~ ~Vla; :-l m~ - "'~ m ~ c< 0< om .Q mm m~ z> -~ ~~ ~m >~ F8 ~ nq II I III..' . I HI; IMMOKALEE CONCRETE PlANT CONCEPTUAL MASTER PLAN EXHIBIT C l?C '" 00 > " . 0 "' ~;; ~~> ~ ...; o. OJ n~ c~< ~ )- ~:; !i:;:;J> ;j n >z ~:..~ 0 '" ~Q Z '" ;J>r-~ > > > .->;J> C 00 OZC ~ "< ~~" > gz ~5 n r >u; > n 3 ~;;I ,> a;j m o. zo ~~ "z ~m 0 ~ " 0 ~ 0 m ~ ~ m m m ~ q q ~ ~~ ~ . 0 . ~< 0 < om < ~ ~~ ~ a <~ ~ 0 ~ . m m m m . . 0 0 > > 0 0 SILVER STRAND m PARTNERSHIP 2600 GOLDEN GATE PARKWAY NAPLES,FL34105 l?C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 The petitioners agree to develop and maintain the project subject to the following conditions: I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Immokalee Concrete Plant Conceptual Master Plan," prepared by Agnoli, Barber & Brundage, Inc, dated March 2006, The site plan is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations, 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, so long as these minor changes remain consistent with all applicable development standards. 2. Expansion of the uses identified and approved within this conditional use, 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 of the Collier County Land Development Code, Ordinance 04- 41, as amended, relating to Site Development Plan (SDP) review and approval, 3. Principal access to the project site shall be from CR 846 (Immokalee Road). 4. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary as shown on the conceptual site plan. 5. The height of raw material storage facilities shall not exceed 50-feet. 6. The hours of operation of the concrete plant shall be limited to two-hours before sunrise to sunset. 7. The minimum setback from lmmokalee Road (CR 846) shall be ISO-feet for operational facilities and 75-feet for supporting administrative offices and associated parking. 8. An eight-foot height wall shall be located along the northern, southern, and western boundaries of the "Concrete Manufacturing Facility," landscaping planted on the outside of these walls. 9. Industrial noise buffering standards will be utilized to minimize noise generation and shall not exceed the maximum noise standards for Collier County. CONDITIONS OF APPROVAL EXHIBIT D Page I of2 l?C CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9458 10. The project shall provide an annual monitoring report of traffic and road conditions immediately adjacent to the project. The project must donate all necessary right-of-way for the construction of turn, and acceleration lanes, and the future expansion of the adjacent roadway at the time of the ncxt Development Order. The applicant shall be responsible for the costs of constructing the entrance, turning lanes, and a minimum 1410-foot south bound acceleration lane or other roadway improvements that is determined by the County Transportation Planning Services Department. As related to this Conditional Use application, the applicant shall not be responsible for further pavement widening requirements after Immokalee Road (CR-846) is improved to a four lane minor arterial road by Collier County. CONDITIONS OF APPROVAL EXHIBIT D Page 2 of2 l?C eo1I, County ~ -...... - - '- - RECEIVED OFFICE OF THE COUNTY MANAGER JUN - 7 2007 - ACTION Memorandum TO: Jim Mudd, Couuty Manager From.: Nick Casalanguida, Trausportatlon Planning Director Re: Rinker Concrete Facility at Sliver Strand CU-:ZOO6-AR-9458 June n, :Z007 BeC Agenda Item I7C Date: June 6, :Z007 We have reviewed the proposal in the attached lelter dated June 5, 2007 from Barron Collier Companies. I have discussed this proposal with Bob Tipton. P .E" Director of Collier County Traffic Openttions and the proposal is consistent with the recommendations from the transportation division that resulted from a meeting dated May 14, 2007 with Barron Collier Companies. We concur that the mitigation proposed to inslaII an adaptive signal cootrol system in lieu of an acceleration lane would provide a better solution to the delay on the adjacent roadway network that would be caused by the concrete manu1ilctoring lilciIity heavy vehicles, Specifically, the applicant bas agreed to provide for the installation of the "SCOOT" or equivalent intelligent transportation management system at the intersection of immokalee Road and Randal Boulevard and the immokalee Road and Oil Well Road (2 intersections). Also, the applicant bas agreed to provide signage at the project entrance and Immokalee Road. Mr. Tipton bas agreed and bas requested that the signage should be an advance warning system triggered by the heavy vehicles exiting onto immokalee Road, Please consider this memorandwn as a recommendation to accept the alternative mitigation proposed as defined above in lieu of the acceleration lane, This would be consistent with a portion of the CCPC stipulation number lOin the executive summary, This recommendation would only replace the 1,410' south bound acceleration lane requirement and all other stipulations should remain in full. Please include this memorandum as an attachment to the agenda item and include it as follow up correspondence to the Board of County Commissioners for approval. s~~ Nick Casalanguida, Director Transportation Planning I Development Review (P(,tl/O 7 /7-L cc: George Varnadoe (ChefIY, Passidomo, Wilson & Johnson. LLP) David B. Gensoo, PE (Barron Collier Companies) Robert Tipton, P .E" Director Transportation Openttions Michael Greene, PIanoing Manager, Transportation PIanoing Jeanne Marcella, Transportation PIanoing to FILE AR#9458 17" II Barron r, Collier COMPANIES RECEIVED JUN . 5 2111 , V" l:,i\h~" 1< 4;--' )..., ,~ 1:--_ ('M' 11 I, ........ June 5, 2007 Via Email and Hand Delivery Mr. Nick Casalanguida Director Collier County Transportation Pl....mng 2885 S, Horseshoe Drive Naples, Florida 34104 Re: Rinker Concrete Manufacturing Facility at Silver Strand CU-2006-AR-9458 Dear Mr. ("'.....llU1guida: This letter is conccming the conditional use for the CoIlCl'ele Manufacturing Facility at Silver Strand (Facility) for Silver Strand m Partnership (a Barron Collier Company) and our review of the propOsed alternative b"""l"'dation mitigation for the minor impacts fiom the proposed Facility. As discussed in our May 14, 2007 meeting, we have concerns with respect to the Planning Commission stipulation requiring a southbound acceleration lane after a left turn onto hnmokalee Road. In summary, we presented our consultant's review and analysis of the proposed stipulation, which indicated negligible benefits when weighed against the proposed costs associated with such an improvement. In addition, we noted that we have concerns that the acceleration lane may cause an additional conflict point, or UIISlIfe condition, where the 1raflic merges. As an altemative mitigation proposal, suggested by you, we have reviewed the potential of funding the capital costs associated with installing an adaptive signal control system (SCOOT) at two (2) intersections. Specifically, these intersections are ,Immokalee Road and Oil Well Road and Immokalee Road and Randall Boulevard. In addition, the alternative proposal would require the installation of the aJ>lhup..i4te signage (Caution - Trow Entering Traffic) at the proposed access to the Facility. It is our opinion that the installation of the scoar system at these intersections would be more beneficial to the overall transportation networlc: (i.e. reduced travel time, number of stops, queuing, and so forth) than the acceleration lane. Therefore, we find this alternative transportation mitigation proposal (in lieu of an acceleration lane) acceptable and agree to fund the above-descn'bed SCOOT and signage improvements. Please note that this mitigation is contingent upon actual construction of the Facility and will be made prior to our request for Certificate of Occupancy. CP[It{/07 /?CL 2600 GolDEN GATE PARKWAY. NAPLES, FLORIDA 34105. (239) 262-2600. FAX (239) 262-2589 17C ~... Thank you for your help with regard to this matter. If there arc questions, please do not hesitate to contact me at 239-262-2600 (office) or 239-404-3337 (mobile). Sincerely, ZrE'll:'- David B. Genson, PE Project Manager 00: George Varnadoe (Cheffy, Passidomo, Wilson. & 101m.son, lLP) JoIm M. PiIlISidOmo (a.effy, Pusidoino, Wilson, & 101m.son, LLP) Christi>pber 1. Thornton (Cheffy, Passidomo, Wilson. & 10hns0n, UJ') Paul Marinelli (Barron Collier Companies) Blake Gable (Barron Collier Companies) Tom Sansbury (Barron Collier Companies) Fn:d R.cisi:hl (Agnoli, Barber, and Bnmdage, Inc.) 17D ., COLLIER COUNTY FWRIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as 8: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ;J ....................................................................~.. . """':i,i"~' Originating Deptl Div: Comm.Dev.Serv./Planning Person: Michael J. DeRuntz, CF~~ Date: 1f07 Petition No. (If none, give brief description): PUDZ-200S-AR.7588, Evans CPUD I II Petitioner: (Name & Address): Davidson Engineering, Inc., Tim Hancock, 2154 Trade Center Way #3, Naples, FL 34109 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Richard Evans; 12745 Livingston Rd, Naples, FL 34105 Hearing before BCe BZA Other Requested Hearing date: June 12. 2007 Based on advertisement appearing) 5 days before hearing. Newspaper(s) to be used; (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PUDZ-200S.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, Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113,138312-649110 No If Yes, what account should be charged for advertising costs: Rej~vn./~ 4Jo~tJ ,-lfepartment Head Date Approved by: Date County Manager List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BeC or BZA: Initiatlna person to complete one copy and obtain Division Head approval before submitting to County Manaeer. 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: t,/rt-!b7 I I Date Advertised:S!Z7!07 ~ r,.. 1. ORDINANCE NO. 07-_ AN ORDINANCE OF THE BOARD OF coUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41. AS AMENDED. THE COLLlBR COUNTY LAND DIlVBLOPMENT CODB WHICH INCL1.IDES THE COMPJU!HBNSM! ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY , CHANGING THE ZONING CLASSIFICATION OF THE HERllIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICUL11JRE"A" ZONING DISTRICT TO A COMMERCIAL . pLANNED UNIT DIlVBLOPMEN'T "CPUD" ZONING DISTRICT, TO BE KNOWN AS THE EVANS CPIJD. PROPOSING MEDICAL AND PROFESSIONAL OFFICES AND NON-COMMERCIAL INDOOR STORAGB USES, WITH A MAXIMUM OF 52,000 SQUARE FEET GROSS LEAlUJILB FLOOR AREA LOCATED. IN SECTION 13. TOWNSHIP 49 SOUTII. RANGE 25 !lAST, COLLlBR coUNTY, FLORIDA. CONSISTING OF 6.0* ACll.ES~ AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. KeUy Smith pfDavidson Engineering. Inc.. representing Richsrd H. Evans, petitioned tho Boan! of County Commissioners to cbango the zoning classification of the herein Mscribed real propertY. NOW. THEREFOR]!. BB IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIBR COUNTY. FLORIDA. that: SF.crrO~ ONE: The zoning olas8ification of tho horeln desoribed real propertY located in Section 13. Township 49 South, Range 25Eu1, Collier County, Florid.. is changed tiom a Rural Agriculture "A" Zoning DialriCl to a COIDIIlCfcial p1Jmned Unit Development "CPUD" District, to be known II tlto EV8IlS CPIJD. proposing medical and professional offices BOd non-commorcial indoor storage, with a maxilll'0111 ()f 52.000 square feet groaa leasabte flOOT ..... in acc:orclaDce with the Evana CPIJD D~ ottached herotn .. Exhibit' A' and incozporatOd l1y td<<ence heroin. Theapprop.;ate zoning atlas map or maps lI,dosonlled in Ordinonce Number 2004-41," amended. tho Collier CountY Lond Development Code. ii/are heroby emended accordingly. ~F.crrON TWO: This ()rcIinance ohall become ctrootivo upon filing with tho Florida Department of Stato. lof2 17D P ASSBD AND DULY ADOPTIlD by l\llpcr-majority vote by lbo Boaro of County (;onuDissioneI' of Collier ComIlY. Florida, this _ day of .2007. BOARD OF coUNTY COMMISSIONERS .cOu..IER coUNTY. FLORIDA ATTEST: DWlGIIT B. BROCK. CLERK BY: JAMBS N. COLBTrA, CHAmMAN . DeputY Clm ' Approved 811 '" limn and \egallllffioi",cy ]1Y~A.i,m, ()I-"ulJ<,l~~ MsJjori . Sbldcnt-Stirling Assistant County AttornC)' PUDZ-2O(l""""'SlWDitp 20f2 17D . . , 17D EVANS CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT 6.0:1: Acres Located in Section 13, Township 49 South, Range 25 East Collier County, Florida PREPARED FOR: Mr. Richard H. Evans Evans Holdings, LLC c/o Landscape Florida 12745 Livingston Road Naples FL 34105 PREPARED BY: Davidson Engineering, Inc. 2154 Trade Center Way; Suite 3 Naples FL 34109 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit A . . TABLE OF CONTENTS 17D PAGE 3 4 5 6 8 15 17 LIST OF EXHIBITS STATEMENT OF COMPLIANCE SHORT TITLE SECTION I: PROPERTY OWNERSHIP & DESCRIPTION SECTION II: PROJECT DEVELOPMENT REQUIREMENTS SECTION III: COMMERCIAL AREAS PLAN SECTION IV: DEVELOPMENT COMMITMENTS 2 17D EXHIBIT "A" LIST OF EXHIBITS CPUD Master Plan 3 . STATEMENT OF COMPLIANCE 17D The purpose of this Section is to express the intent of Richard H. Evans, hereinafter referred to as the developer, to create a Commercial Planned Unit Development (CPUD) on 6.0:t acres of property located in Section 13, Township 49 South, Range 25 East Collier County, Florida. The Planned Unit Development shali be known as the Evans CPUD. The development of this site shali comply with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development shall be consistent with the policies and land development regulations adopted under the GMP Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Livingston Road Commercial Infill Subdistrict of the Urban Designation as identified on the Future Land Use Map. This Subdistrict aliows professional and medical offices and non- commercial indoor storage by occupants of the building(s) to serve surrounding residential areas within a convenient travel distance to the subject property. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. All final local development orders for this project are subject to Sections 6.02.01 and 10.02.07, Adequate Public Facilities, of the Land Development Code (LDC), as required by Objective 2 of the Future Land Use Element. 4 17D SHORT TITLE This Ordinance shall be known and cited as the "Evans Commercial Planned Unit Development Ordinance," 5 SECTION I 170 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Evans CPUD. 1.2 LEGAL DESCRIPTION The subject property being 6.O:t acres, is located in Section 13, Township 49 South, Range 25 East, and is fully described os: Kensington Park Sub-parcel A-2-5 Commence at the southeast corner of Section 13, Township 49 South, Range 25 East and run north 88056'26" west, along the south line of said Section 13, for 100.03 feet; thence run north 00009'47" west for 1367.15 feet; to the Point of Beginning; thence run south 89050'13" west for 410.00 feet; thence run north 00009'47" west for 658.21 feet; thence run north 89050' 13" east for 235.00 feet; thence run south 00009'47" east for 425.36 feet; thence run north 890'13" east for 175.00 feet; thence run south 00009'47" east for 232.85 feet; to the Point of Beginning, all lying in and being a part of Section 13, Township 49 South, Range 25 East. Containing 195.428 square feet, or 4.486 acres more or less. Together with: Kensington Park Sub-parcel A-4 Commence at the southeast corner of Section 13, Township 49 South, Range 25 East and run north 88056'26" west along the south line of said Section 13, for 100.03 feet; thence run north 00009'47" west for16oo.00 feet; thence run south 89050'13" west for 20.00 feet to the Point of Beginning; thence continue south 89050'13" west for 155,00 feet; thence run north 00"09'47" west for 425.36 feet; thence run north 89050' 13" east for 155.00 feet; thence run south 00009'47" east for 425.36 feet to the Point of Beginning, all lying in and being a part of Section 13, Township 49 South, Range 25 East. Containing 65,930 square feet, or 1.51 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is owned by Richard H. Evans. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA 6 A. The subject property is located south of Eatonwood Lane and west of Livingston Road. B. The subject property is zoned Rural Agricultural and is within the Livingston Road Commercial Infill Subdistrict of the Urban designation of the Future Land Use Map of the GMP. It is proposed to be rezoned to a commercial PUD for general and medical offices. 1.5 PHYSICAL DESCRIPTION The subject property is currently developed os a landscaping business & nursery. The site was legally cleared when the existing landscape nursery was established. The project site is primarily located within the Main Golden Gate Canal Basin and the 1-75 Canal Sub-basin according to the Collier County Drainage Atlas. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. Approximately 4.86 acres the property is subject to a utility easement owned by FPL. 7 171) 17D SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development and to identify relationships to applicable County ordinonces, policies and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A, The Evans CPUD is a 6.0:t acre mixed office development oriented to serve surrounding residential areas within a convenient travel distance. The project shall consist of medical and professionol offices and non-commercial indoor storage by occupants of the building(s). B. The project shall contain a maximum of 52,000 square feet of gross leasable area for mixed office and non-commercial storage uses. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Evans CPUD shall be in accordance with the contents of this CPUD Document ond applicable sections of the LDC and GMP in effect at the time of issuance of ony development order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context. the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application to which the definitions relate. e. Development permitted by the approval of this CPUD will be subject to the adequate public facilities provisions of the LDC. D. All conditions imposed herein or as represented on the Evans CPUD Master Plan are part of the regulations which govern the manner in which the land may be developed. LAND USES The location of land uses and general project configuration are shown on the CPUD Master Plan, Exhibit A. Changes and variations in building, location and square footage shall be permitted at the time of development to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of the We. The 8 specific location and size of buildings and the assignment of square 1 7 D footage or units shall be determined at the time of final site development plan (SDP) approval. 2.5 USE Of RIGHT-Of-WAY The developer may place landscaping. slgnage. lighting. water management facilities. berms, decorative walls and fences. utilities or decorative entry features within a private right-of-way within the Evans CPUD. subject to permitting agency approval. 2.6 SALES OffiCE AND CONSTRUCTION OffiCE Sales offices. construction offices. and other uses and structures related to the promotion. leasing and sale of real estate such as. but not limited to. pavilions. parking areas. signs and associated utilities. shall be permitted temporary uses throughout the Evans CPUD. These uses shall be subject to the requirements of the LDC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under Chapter 64E-6. Florida Administrative Code. Potable water or irrigation wells may be used. 2.7 PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required. submission. review. and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.8 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The FPL Easement Area may be utilized for access and storm water management as permitted in the FPL right-of-way consent agreement by and between Florida Power & light Company. and Turner Evans Tree & Landscape. The open space requirement of 30% shall be no less than 1.8 acres. The subject property was legally cleared prior to 1975 for agricultural use. therefore the native vegetation preservation requirements do not apply. 2.9 SURfACE WATER MANAGEMENT The water management system of the project shall be permitted by Collier County. Surface water management facilities for the project shall be designed according to South Florida Water Management District and Collier County design standards. The system shall attenuate the 25-year. 3- day storm event os well as meet current water quality treatment criteria. 9 . 17n 2.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All Category I invasive exotic plants. as defined by the Florida Exotic Pest Plant Council. shall be removed from within preserve areas and subsequent annual removal of these plants, in perpetuity, shall be the responsibility of the property owner. C. This CPUD shall be consistent with the Environmental Sections of the GMP Conservation and Coastal Management Element and the LDC in effect at the time of development order approval to which these regulations relate. D. This CPUD shall comply with the guidelines and recommendations of the US Fish and Wildlife Service [USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) regarding potential impacts to protected species on-site, A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. All applicable Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/ Construction Plan approval. 2." UTILITIES A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development order approval. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable Collier County ordinances. rules. and regulations. 2.12 TRANSPORTATION Access to the property shall be from Uvingston Road. Such access shall be located I77S feet south of the northerly property line with a right-in and right-out access only. 10 1 7 D t-, Interconnection to the south shall be shown at the earlier of plat or SOP approvol. The interconnection will be subject to an access and egress agreement to be entered into with the property owner to the south. All traffic control devices. signs. pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS). current edition, FOOT Design Standards. current edition. and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LOC. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). Access points. including both driveways and proposed streets. shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be resolved during the review of required subsequent site plan or final plat submissions, All such access points shall be consistent with the Collier County Access Management Policy (Res. No. 01-247). as it, may be amended from time to time. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a CPUD amendment is to be processed. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project. as determined by Collier County. shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. Road impact fees shall be paid in accordance with the Transportation Impact Fee Ordinance. as amended. and the LOC. as it may be amended, All work within Collier County rights-of-way or public easements shall require a right-of-way permit. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy. Resolution No. 01-247. as it may be amended. and the LDC. as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approvol of this CPUD which is found to be adverse to the health. safety and welfare of the public. Any such modifications shall be based on. but are not limited to. safety. operational circulation. and roadway capacity. 11 17D iJ~ Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress. or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successors in title, or assignees. All internal roads, driveways, alleys, pathways, sidewaiks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. If, in the sole opinion of the Collier County Transportation Division, a traffic signal, or other traffic control device. sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary. the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. A 20 foot wide trail easement. as requested by Parks and Recreation. shall be provided within the existing FPL easement. subject to approval by Fiorida Power and Light. This easement shall be free of additional uses that have been indicated within the PUD. including but not limited to parking. landscape buffering. etc 2.13 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system. shall be provided by the developer or its assigns, 2.14 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning. design and development or redevelopment of relatively large tracts of land under unified ownership as set forth the LDC. The Evans CPUD is planned as a professional and medical office site under unified control. All development shall meet the requirements of the LDC. 2.15 LANDSCAPING. BERMS. FENCES AND WALLS Landscaping, berms. fences and walls shall be permitted as a principal use throughout the Evans CPUD. Required buffer treatments shall comply with the LDC. The following standards shall apply: 12 17DI Landscape buffers contiguous to rights-of-way shall comply with the Type o landscape buffer as described in the LOC. The landscape buffer along the western property line shall comply with the following standards: 1. The hedge area East of the existing fence shall be irrigated and maintained (fertilized. trimmed and irrigated) subject to the granting of appropriate cross-access easements strictly for the purpose of maintenance and irrigation being executed by Kensington Park Masters Association. The developer, its successors. or assignees shall have the obligation to replace the hedge as it become necessary. 2. Irrigation for the ficus hedge shall be provided by the developer or its successor owners. 3. The existing ficus hedge shall be trimmed and maintained at a height of 13,5 feet as measured from the top of the berm in order to provide additional visual relief to the KPMA from future development of the Evans CPUO. The hedge shall be continued from its present southern terminus to a point approximately 125 feet south of the start of the Wellington Community to ensure consistent coverage. 4. A Type B landscape buffer per Collier County standards shall be planted adjacent to the common property line and irrigated properly. This buffer shall be planted prior to the issuance of a CO and shall be maintained in accordance with the LOC requirements for a Type B buffer. 5, Items B.l. through B.4. above shall be in lieu of a privacy wall. upon The landscape buffer along the northern property line shall comply with the Type B landscape buffer as described in the LOC. All other landscape buffers shall comply with the Type A landscape buffer requirements as described in the LOC. 2.16 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following the construction of the principal structure. A construction operation/management office and leasing office may be constructed after zoning approval but before construction of any principal structures. 2.17 ENGINEERING Except as otherwise provided within this CPUO Document. this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 13 17n 2.18 PLANNING Pursuant to the LDC. if during the course of site clearing. excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 2.19 DEVIATIONS From Section 5,02.03.E.2 (Fences) of the LDC which requires a masonry wall or prefabricated concrete wall and/or fence be provided whenever o nonresidential development lies contiguous to or opposite a residentially zoned district. The adjacent residential component of the Kensington CPUD is buffered by existing landscaping and Kensington High street. The proposed development area is approximately 235 feet from the western property boundary. The adjacent residential development is also separated from the subject property by Kensington High Street. which is a 60 foot right-of-way that includes a landscape buffer. The resulting separation between the deveiopment area and the existing residences is approximately 295 feet. The existing berm will be augmented with landscaping to achieve the opacity standards contained in the LDC for Type 'B' Buffers in accordance with Section 2.15.B. of this document. The Northern property line will require only a Type 'B' buffer since the adjacent use is a golf course maintenance facility and not residential. No wall will be required along the Northern property line. 14 1<1 J , 17D SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to set forth specific development standards for the commercial areas as shown on Exhibit "A". CPUD Master Plan. 3. 2 GENERAL DESCRIPTION Commercial areas designated on the CPUD Master Plan are intended to provide retail. office. and automobile service station uses with a common architectural theme. 3. 3 PERMITTED USES No building or structure. or part thereof. shall be erected. altered or used. or land used. in whole or in part. for other than the following: Permitted Uses: Accounting services (Group 8721) Business services (Groups 7311. 7313. 7371. 7372. 7373. 7374. 7375. 7376. 7579) Engineering. accounting. management and related services (Groups 8711-8713.8741.8742.8743.8748) Health services (Groups 8011-8049. 8082) Holding and other investment offices (Groups 6712-6799) Insurance agents. brokers and service (Groups 6411) Insurance carriers (Groups 6311-6399) personol services (Group 7291) Real estate (Groups 6519. 6531. 6541) Legal services (Group 8111) Non-commercial indoor storage by occupants of the building. Any use deemed to be consistent with the uses described within this PUD. as determined by the Board of loning Appeals ("BlA"). Accessory Uses: lS Uses and structures that are accessory and incidental to the Permitted Uses within the CPUD Document. including but not limited to walls, fences, arbors, gazebos and the like. Caretaker's residence, in accordance with the requirements of the LDC. 3.4 DEVELOPMENT STANDARDS Minimum Lot Area: 10,000 square feet Minimum Lot Width: 75 feet Minimum Yards: Setbacks shall be measured from the property line. Front yard: 50 feet Side yard: 15 feet. except 25 feet when adjoining residential areas Rear yard: 20 feet, except 25 feet when adjoining residential areas Minimum Distance Between Principal Structures: 10 feet Minimum Floor Area: 700 square feet of gross floor area for each building on the ground floor. Maximum Floor Area: Fifty-two thousand (52,000) square feet of leasable commercial building floor area. Maximum Height: Three stories at a maximum of 50 feet. H. Lighting: Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Light poles shall be limited to a maximum height of twelve (12) feet in height olong the western edge of the development area adjacent to the FPL Easement Area. 16 I7D 17D · SECTION IV DEVELOPMENT COMMITMENTS 4. 1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans. final subdivision plats and all applicable State ond local laws. codes. and regulations applicable to this CPUD in effect at the time of the development order application to which the regulations relate application. Except where specifically noted or stated otherwise. the standards and specifications of the LDC shall apply to this project even if the land within the CPUD is not to be platted. The developer. its successor and assigns. shall be responsible for the commitments outlined in this Document. The developer. its successors or assignees shall follow the Master Plan and the regulations of the CPUD as adopted. and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer. its successors or assignees is subject to any commitments within this Document. 4.3 CHANGES AND AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Changes and amendments may be made to this CPUD Document or CPUD Master Pion as provided in the LDC. Minor changes and refinements as permitted by the LDC may be made by the developer in connection with any type of development or permit application required by the LDC, 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This CPUD is subject to the Sunset Provisions of the LDC. B. An annual monitoring report shall be submitted pursuant to the LDC. 17 " 17D April 11, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ -2005-AR-7588, Evans CPUD Dear Legals: Please advertise the above referenced notice on Sunday, May 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 # 113-138312-649110 .17D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, June 12, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURE "A" ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" ZONING DISTRICT, TO BE KNOWN AS THE EVANS CPUD, PROPOSING MEDICAL AND PROFESSIONAL OFFICES AND NON-COMMERCIAL INDOOR STORAGE USES, WITH A MAXIMUM OF 52,000 SQUARE FEET GROSS LEASABLE FLOOR AREA LOCATED, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.0 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUDZ-2005-AR-7588, Richard Evans, represented by Tim Hancock, of Davidson Engineering, Inc., is requesting a rezone from Rural Agriculture "AU zoning district to Commercial Planned Unit Development "CPUDu, 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. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are ~: 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, 17n 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) 1 ? D "l'" Dwight E. Brock Clerk of Courts 'COllPfyofCollier CLERK OF THB GlRCQIT COURT COLLIER COUNTY QoURTl'j,OUSE 3301 TAMIAMI TRAIL EA~T P.O, BOX 4 fi}044 '. . NAPLES, FLORIDA~~101-3044 ~/ Clerk of Courts Accountant Auditor Custodian of County Funds April 11, 2007 Davidson Engineering, Inc. Tim Hancock 2154 Trade Center Way #3 Naples, FL 34109 Re: Notice of Public Hearing to consider Petition PUDZ-2005-AR-7588: Evans CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 12, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 27, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~vt- ~ Martha Vergara, t:J Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.clerk.collier.n.us Fax - (239) 775-2755 Email: collierclerklalclerk.collier.n.us Dwight E. Brock Clerk of Courts COl,lptyofC(!)Uier CLERK OF THE CIRCUIT COURT COLLIER COUNTY qaURTllPUSE 3301 TAMIAMI TRAIL EA'ST P,O. BOX 41:~044 . NAPLES, FLORIDA~~101-3d44 i'f 170 Clerk of Courts Accountant Auditor Custodian of County Funds April 11, 2007 Richard Evans 12745 Livingston Rd. Naples, FL 34105 Re: Notice of Public Hearing to consider Petition PUDZ-2005-AR-7588: Evans CPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 12, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 27, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BR~L.' CLERK -=~ Deputy Clerk Enclosure Phone - (239) 732-2646 Website: www.cIerk.collier.fl.us Fax - (239) 775-2755 Email: colliercIerk@cIerk.collier.fl.us 170 Martha S. Vergara From: Sent: To: Subject: ClerkPostmaster Thursday, April 12, 2007 9:52 AM Martha S. Vergara Delivery Status Notification (Relay) Attachments: A n06561.txt; PUDZ-2005-AR-7588 - Evans CPUD rJ- ,~~. i;- f-.: -,. L.::...J ATT06561.txt (231 PUDZ-2005-AR-758 8) 8 - Evans CPUD... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Page 1 of 1 17D Martha S. Vergara From: Perrell, Pam [paperrell@naplesnews.com] Sent: Thursday, April 12, 200710:33 AM To: Martha S. Vergara Subject: RE: PUDZ-2005-AR-7588 - Evans CPUD OK From: Martha S. Vergara [mailto:Martha.Vergara@cierk.collier.fl.u5] Posted At: Thursday, April 12, 20079:52 AM Posted To: Legals - NDN Conversation: PUDZ-2005-AR-7588 - Evans CPUD Subject: PUDZ-2005-AR-7588 - Evans CPUD Pam, Morning, I have an ad for you with attachments... Thanks, Martha Vergara Deputy Clerk - BMR 239-732-2646 ex!. 7240 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4/12/2007 l1ra~c:.~_.. 12.200'/( In the SOlii'd. room 3rd Floor, Admln8 tstratton.ulldlng, Coi- n., Co'm GO"~ ~~I.N~~ the-Soard of. County commlNtoner$~wm sider the . of a county. Ordtminc-e. The meetinG wUI com. mence al t:fll1o.M.. .lho tItI. 01 the_~ dlnancel5;aifoHOWs:. " AN, ORDINANCE.. OF _ BoARD OF- COUNty CQMMISSfQN"S.liF COllIE_CO NTV. appeared B. Lamb, who on oalh says that they FUll'.. ~ serve as the Assistant Corporate Secretary of the Naples Daily i 4 .1' N . 'l TIlE a daily newspaper published al Naples in Collier Counly, ~Ji!l mIV C~ FI .da <Ii .b d. C II. d L '. fFI.da ha WHICH INCLUDES TilE on ; stn ute 10 0 lef an ee countles 0 on ; t t COMPREft!NSIVE ZON- , . . INO REGULATI()tIIS f:'OR the attached copy of the advertIsmg. bemg a l-~U. NIN. CORPOUTED TV.~ ~'1,l!.Im-AffA~~~ M~1iUY cKA"IfilNIl' 1111 ZIlNlNGCLASSIFI- CATION OF TIlE HlREIH PUCRIIED REAL PRop. ER'1'V=ROM lIE ~ ""Rte T\l . "A" .. I~ ':ro_A~- Ml!RCIAl.Pl.ANNED OEVE\,OPNENT "CPIIl)" i ZONING 1ltSTRlCT. TO II( =*JII€ ~. lCAL _ ~5IOIl' Al OFFICISAND NON. COMMERCIAL INDOOR 5TOllAGI USES, Wrnl A MAXIMUM Of 52.000 S UARE FEET 0..0$5 E FL.OOR AREA l ".IN SECTION 13 .. sHIP U . E 2S WT. -eOLLUR COUNTY '~ORIDA, CONSISTlNd OF~'" ACRU; AND ,BV VtDING. AN EF. F!! DATE. NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on May 27" 2007. Afliant further says that the said Naples Daily News is a newspaper publif;hed at Naples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each da y and has been entered as second dass mati matter at the post oflice in Naples, in said Collier County, Florida., for a period of 1 year next preceding the first publication ofthe attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement fOT publication in the said newspaper. ------1 /J ( SignattlTe of affianl) Sworn to and subscribed before me This 27'" Day cf May 2007. ~ 1('\ ~ ' J CJJv.JLD (Signa re of public) ,..\1f,'i,'!'...... JUDY JANES !.f~~:, Commission DO 675029 ~ .'1i Expires May 16, 2011 ;~. ..." BondedThn;TroyFainln$urar.ce8Ol}~7G19 FEI 59-2578327 PUDZ-20D5-AR-7518 ~_aJ& Pttltlon: PUDZ.2005-AR. . 7M8. Rle:hard EVl!.ll~' repr....,ted b:J.~,~ wanc-oct.of D~" 5...1.00""""...,.10;..,,,,.,"... '. a rezone-/frOm Il.. louI,q"'li" , l\'1I:t..to C ,1m . ...'fann.d,. nit DfveI. ,'....cPUO". 'to be known as Evans epuo,bV creating a PUD ..m d, ==." I de$' '.._.. b.Y,,_.... . ......01 lIlt""_~ wnn:.: max1 mum. of ~OP!;.!'!.' ..,. f.... .1M. ilIllfti:\rOF' oon- =..It.Ii:r:.&.t.~. '.'~' 'lll'ld'iQ;;ni rlrA~-4r\l 13. T ,eo =,~f.fl" mer 17D COIlIe& of tile .......... Ordln.net.' on" file with 1ft. -Cferk, to the Boant-Md ... available lc>r_. . All 1_. __~Invlled to etIoiljI..... be heard. . NOTE: A11_ wl&h- Ing to Ufak-- o'n any ~'u;e ~ ~i ,..'(Q.cie It... to b.. . led. IndlvldUa1 'Wltl be\llflllllll:to.'",_ ~-.:_.''1110_ ~vIdqto!to 'p.' __ }. _ t - 0.' "-an "'_11 ....ou~ltIl. . If. ~og. "Ized' by tfte-.,Chalrman. a spolic,opeuon for a group or organization moy. be a1IOlllld 10 mln" utel~to ~'On':.n I..... Persons -wlShlng to have written or - ~raphlc ma- t.rlala lncluded' 1n ',the Eloardaae:nda packets mlllt Obmlt said m..- ..rlala mlnlm"", of 3 week$prlor to the, re- spe<l1.. publtt hearing. In _...... w_,.,.. terlld$ lfitended to be ~aJft:ct~~. ~ 10 the appropl'lat,::eounty sta" ., mlnlm'",tof. JeY- en dil-YI prior to' _ the oublle heei'I!lfI. AII_ lerlaJ usedilf_ tlons ,leforetfte',lOard will become ',',...-ma. nentpertoftht~ .1 ~'~ll~~ the~WJll$i'--;; cord tlfthe ..~nlngt. '.. 'Ih . _l1OItIllO ensure' a ~ I record of tht!:~. ".' d- l:':.~ Ir~iIie-~ mpny and .v'..e, !JA<jn wmch the', _eal 1$ buOd. BOAR,I), OF,COUcHTY COMl_lQflERS , . COllIER C.OU~.TY. Fl.ORIDA JAMES CelEnA. CHAIR- MAN g~JULI."L-BJl_'LC~. BY~, Martha Vergara. =CIelf< .. Mev 27 No. JaANUl ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original 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 shmature, draw a line throuQ:h coutinl! lines #1 throw:!:h #4, comnlete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routine order) 1. Judy Puig CDES Administration 2. M.OA. Lv...e ~ " I' ~ &'!r:t./o7 3. -CC. 4. , 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION- (The primary contact is the holder oCthe original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summaI)'. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Michael J. DeRuntz, G.F.M., Phone Number 403-2416 Contacl Principal Planner, Zoning and Land Dev. Review Agenda Date Item was June 12, 2007 Agenda Item Number 17D Approved bv the BCC Type of Document PUD Ordinance (AR-7588) o1Al~ Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, wi!h !he exception of most letters, must be revicwed and signed by !he Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracls, agreements, etc. !hat have been fully executed by all parties except the BCC Chairman and Clerk to lhe Board and ossibl State Officials.) All handwritten strike-lhrough and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to !he Board The Chairman's signature line date has been entered as the date ofBCC approval of !he document or !he final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), !he original document and !his routing slip should be provided to Sue Filson in the BCC office wi!hin 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCG's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 6/12/07 (enter date) and all cbanges made during tbe meeting bave been incorporated in tbe attacbed document. Tbe . Count Attorne 's Office bas reviewed tbe cban es, if a licable. 2. 3. 4. 5. 6. Yes (Initial) N/A(Not A licable) ~~ Wco{ ~ ~ 17D ORDINANCE NO. 07-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURE "A" ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT "CPUD" ZONING DISTRICT, TO BE KNOWN AS THE EVANS CPUD, PROPOSING MEDICAL AND PROFESSIONAL OFFICES AND NON-COMMERCIAL INDOOR STORAGE USES, WITH A MAXIMUM OF 52,000 SQUARE FEET GROSS LEASABLE FLOOR AREA LOCATED, IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.Oct ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Richard H. Evans, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 49 South, Range 25 East, Collier County, Florida, is changed from a Rural Agriculture "A" Zoning District to a Commercial Planned Unit Development "CPUD" District, to be known as the Evans CPUD, proposing medical and professional offices and non-commercial indoor storage, with a maximum of 52,000 square feet gross leasable floor area in accordance with the Evans CPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. lof2 17n PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this I d.. day of ~_ ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~fu hC l:lerk BY: Al~ ~ J~SN.COLETTA,CHA~AN 'J~ ""'; 1lh~" ,'-On f)+ucJ p zd. -,!2t:z1..[4j Marjori . Student-Stlrling Assistant County Attorney PUDZ-2005-AR-7588/MD/sp 20f2 17D EVANS CPUD A COMMERCIAL PLANNED UNIT DEVELOPMENT 6.0:1: Acres Located in Section 13. Township 49 South. Range 25 East Collier County, Florida PREPARED FOR: Mr. Richard H. Evans Evans Holdings. LLC c/o Landscape Florida 12745 Livingston Road Naples FL 34105 PREPARED BY: Davidson Engineering, Inc. 2154 Trade Center Way; Suite 3 Naples FL 34109 DATE REVIEWD BY CCPC DATE APPROVED BY BCC June 12, 2007 ORDINANCE NUMBER 2007-48 AMENDMENTS AND REPEAL Exhibit A TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SHORT TITLE SECTION I: PROPERTY OWNERSHIP & DESCRIPTION SECTION II: PROJECT DEVELOPMENT REQUIREMENTS SECTION III: COMMERCIAL AREAS PLAN SECTION IV: DEVELOPMENT COMMITMENTS PAGE 3 4 5 6 8 15 17 2 17D EXHIBIT "A" 17D LIST OF EXHIBITS CPUD Master Plan 3 17D STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Richard H. Evans, hereinafter referred to as the developer. to create a Commercial Planned Unit Development (CPUD) on 6,0:t acres of property located in Section 13, Township 49 South. Range 25 East Collier County, Florida. The Planned Unit Development shall be known as the Evans CPUD. The development of this site shall compiy with the planning goals and objectives of Collier County as set forth in the Growth Management Plan (GMP). The development shall be consistent with the policies and land development regulations adopted under the GMP Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Livingston Road Commercial Infill Subdistrict of the Urban Designation as identified on the Future Land Use Map, This Subdistrict allows professional and medical offices and non- commercial indoor storage by occupants of the building(s) to serve surrounding residential areas within a convenient travel distance to the subject property. 2. The project development is compatible and complimentary to surrounding land uses as required in Policy 5,4 of the Future Land Use Element, 3, All final local development orders for this project are subject to Sections 6.02.01 and 10.02.07. Adequate Public Facilities, of the LDC, as required by Objective 2 of the Future Land Use Element. 4 17D SHORT TITLE This Ordinance shall be known and cited as the "Evans Commercial Planned Unit Development Ordinance," 5 f70 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Evans CPUD. 1 .2 LEGAL DESCRIPTION The subject property being 6,0:t acres. is located in Section 13, Township 49 South. Range 25 East. and is fully described as: Kensington Park Sub-parcel A-2-5 Commence at the southeast corner of Section 13. Township 49 South, Range 25 East and run north 88056'26" west. along the south line of said Section 13, for 100.03 feet; thence run north 00009'47" west for 1367.15 feet; to the Point of Beginning; thence run south 89050'13" west for 410,00 feet; thence run north 00009'47" west for 658.21 feet; thence run north 89050'13" east for 235.00 feet; thence run south 00009'47" east for 425.36 feet; thence run north 890'13" east for 175,00 feet; thence run south 00009'47" east for 232.85 feet; to the Point of Beginning. all lying in and being a part of Section 13, Township 49 South. Range 25 East. containing 195.428 square feet. or 4.486 acres more or less. Together with: Kensington Park Sub-parcel A-4 Commence at the southeast corner of Section 13, Township 49 South. Range 25 East and run north 88056'26" west along the south line of said Section 13, for 100.03 feet; thence run north 00009'47" west for1600,00 feet; thence run south 89050'13" west for 20.00 feet to the Point of Beginning; thence continue south 89050'13" west for 155.00 feet; thence run north 00009'47" west for 425.36 feet; thence run north 89050' 13" east for 155,00 feet; thence run south 00009'47" east for 425,36 feet to the Point of Beginning. all lying in and being a part of Section 13, Township 49 South, Range 25 East. containing 65.930 square feet. or 1,51 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is owned by Richard H. Evans. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA 6 17D A. The subject property is located south of Eatonwood Lane and west of Livingston Road. B. The subject property is zoned Rural Agricultural and is within the Livingston Road Commercial Infill Subdistrict of the Urban designation of the Future Land Use Map of the GMP. It is proposed to be rezoned to a commercial PUD for general and medical offices. 1 .5 PHYSICAL DESCRIPTION The subject property is currently developed as a landscaping business & nursery. The site was legally cleared when the existing landscape nursery was established. The project site is primarily located within the Main Golden Gate Canal Basin and the 1-75 Canal Sub-basin according to the Collier County Drainage Atlas. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. Approximately 4.86 acres the property is subject to a utility easement owned by FPL. 7 17D SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development and to Identify relationships to applicable County ordinances, policies and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES A. The Evans CPUD is a 6.0:t acre mixed office development oriented to serve surrounding residential areas within a convenient travel distance. The project shall consist of medical and professional offices and non-commercial indoor storage by occupants of the building(s). B. The project shall contain a maximum of 52,000 square feet of gross leasable area for mixed office and non-commercial storage uses. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Evans CPUD shall be in accordance with the contents of this CPUD Document and applicable sections of the LDC and GMP in effect at the time of issuance of any deveiopment order to which said regulations relate. Where this CPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context. the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application to which the definitions relate. C. Development permitted by the approval of this CPUD will be subject to the adequate pUblic facilities provisions of the LDC. D. Ail conditions imposed herein or as represented on the Evans CPUD Master Plan are part of the regulations which govern the manner in which the land may be developed. 8 I7L 2.4 LAND USES The location of land uses and general project configuration are shown on the CPUD Master Plan, Exhibit A. Changes and variations in building, location and square footage shall be permitted at the time of development to accommodate utilities. topography, vegetation. and other site and market conditions, subject to the provisions of the LDC. The specific location and size of buildings and the assignment of square footage or units shall be determined at the time of final site development plan (SDP) approval. 2.5 USE OF RIGHT-OF-WAY The developer may place landscaping, signage, lighting. water management facilities. berms. decorative walls and fences, utilities or decorative entry features within a private right-of-way within the Evans CPUD, subject to permitting agency approval. 2.6 SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uses and structures related to the promotion. leasing and sale of real estate such as, but not limited to, pavilions, parking areas, signs and associated utilities. shall be permitted temporary uses throughout the Evans CPUD. These uses shall be subject to the requirements of the LDC. These uses may use temporary septic tanks or holding tanks for waste disposal subject to permitting under Chapter 64E-6. Florida Administrative Code. Potable water or irrigation wells may be used, 2.7 PRELIMINARY SUBDIVISION PLAT PHASING In the event platting is required. submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.8 OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The FPL Easement Area may be utilized for access and storm water management as permitted in the FPL right-of-way consent agreement by and between Florida Power & Light Company. and Turner Evans Tree & Landscape. The open space requirement of 30% shall be no less than 1.8 acres. The subject property was legally cleared prior to 1975 for agricultural use, therefore the native vegetation preservation requirements do not apply. 2.9 SURFACE WATER MANAGEMENT 9 17D The water management system of the project shall be permitted by Collier County. Surface water management facilities for the project shall be designed according to South Florida Water Management District and Collier County design standards. The system shall attenuate the 25-year, 3- day storm event as well as meet current water quality treatment criteria. 2.10 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. shall be removed from within preserve areas and subsequent annuai removal of these plants, in perpetuity. shall be the responsibility of the property owner. C. This CPUD shall be consistent with the Environmental Sections of the GMP Conservation and Coastal Management Element and the LDC in effect at the time of development order approval to which these regulations reiate. D. This CPUD shall comply with the guidelines and recommendations of the US Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. All applicable Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Site Plan/ Construction Plan approval. 2.11 UTILITIES A. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable reguiations in effect at the time of development order approval. B. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with applicable Collier County ordinances, rules, and reguiations. 10 17D 2.12 TRANSPORTATION Access to the property shall be from Livingston Road. Such access shall be located :!:775 feet south of the northerly property line with a right-in and right-out access only. Interconnection to the south shall be shown at the earlier of plat or SDP approval. The interconnection will be subject to an access and egress agreement to be entered into with the property owner to the south. All traffic control devices. signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manuai of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition. and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). Access points. including both driveways and proposed streets, shown on the CPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be resolved during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time. The number of access points constructed may be less than the number depicted on the Master Plan; however. no additional access points shall be considered unless a CPUD amendment is to be processed. Site-related improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project. as determined by Collier County. shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. Road impact fees shall be paid in accordance with the Transportation Impact Fee Ordinance, as amended. and the LDC. as it may be amended. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. 11 17D All proposed median opening locations shall be in accordance with the Collier County Access Management Policy, Resolution No. 01-247. as it may be amended. and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to. safety, operational circulation. and roadway capacity. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the iack thereof, be the basis for any future cause of action for damages against the County by the developer, its successors in title, or assignees. Ali internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County rights-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. If, in the sole opinion of the Collier County Transportation Division. a traffic signal, or other traffic control device. sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary. the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. A 20 foot wide trail easement, as requested by Parks and Recreation. shall be provided within the existing FPL easement. subject to approval by Florida Power and Light. This easement shall be free of additional uses that have been indicated within the PUD, including but not limited to parking, landscape buffering. etc 2.13 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of the surface water management system. shall be provided by the developer or its assigns. 2.14 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning. design 12 17D and development or redevelopment of relatively large tracts of land under unified ownership as set forth the LDC, The Evans CPUD is planned as a professional and medical office site under unified control. All deveiopment shall meet the requirements of the LDC. 2.15 LANDSCAPING. BERMS. FENCES AND WALLS Landscaping, berms. fences and walls shall be permitted as a principal use throughout the Evans CPUD. Required buffer treatments shall comply with the LOC. The following standards shall apply: Landscape buffers contiguous to rights-of-way shall comply with the Type D landscape buffer as described in the LDC. The landscape buffer along the western property line shall comply with the following standards: 1. The hedge area East of the existing fence shall be irrigated and maintained (fertilized. trimmed and irrigated) subject to the granting of appropriate cross access easements strictly for the purpose of maintenance and irrigation being executed by Kensington Park Masters Association, The developer shall replace the existing ficus hedge in the event that it dies or no longer is viable with suitable hedge material that meets the requirements of the LDC. 2. Irrigation for the ficus hedge shall be provided by the developer or its successor owners. 3. The existing ficus hedge shall be trimmed and maintained at a height of 13.5 feet as measured from the top of the berm in order to provide additional visual relief to the KPMA from future development of the Evans CPUD. The hedge shall be continued from its present southern terminus to a point approximately 125 feet south of the start of the Wellington Community to ensure consistent coverage. 4. A Type B landscape buffer per Collier County standards shall be planted adjacent to the common property line and irrigated properly, This buffer shall be planted prior to the issuance of a CO and shall be maintained in accordance with the LDC requirements for a Type B buffer, 5. Items B.l. through B.4. above shall be in lieu of a privacy wall. The landscape buffer along the northern property line shall comply with the Type B landscape buffer as described in the LDC. All other landscape buffers shall comply with the Type A landscape buffer requirements as described in the LDC. 13 17D 2.16 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with. or following the construction of the principal structure. A construction operation/management office and leasing office may be constructed after zoning approval but before construction of any principal structures. 2.17 ENGINEERING Except as otherwise provided within this CPUD Document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 2.18 PLANNING Pursuant to the LDC, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediateiy stopped and the Collier County Code Enforcement Department contacted. 2.19 DEVIATIONS From Section 5.02,03.E,2 (Fences) of the LDC which requires a masonry wall or prefabricated concrete wall and/or fence be provided whenever a nonresidential development lies contiguous to or opposite a residentially zoned district. The adjacent residential component of the Kensington CPUD is buffered by existing landscaping and Kensington High Street, The proposed development area is approximately 235 feet from the western property boundary. The adjacent residential development is also separated from the subject property by Kensington High Street, which is a 60 foot right-of-way that includes a landscape buffer. The resulting separation between the development area and the existing residences is approximately 295 feet, The existing berm will be augmented with landscaping to achieve the opacity standards contained in the LDC for Type 'B' Buffers in accordance with Section 2.15,B, of this document. The Northern property line will require only a Type 'B' buffer since the adjacent use is a golf course maintenance facility and not residential. No wall will be required along the Northern property line. 14 17D SECTION III COMMERCIAL AREAS PLAN 3. 1 PURPOSE The purpose of this Section is to set forth specific development standards for the commercial areas as shown on Exhibit "A", CPUD Master Plan. 3. 2 GENERAL DESCRIPTION Commercial areas designated on the CPUD Master Plan are intended to provide retail, office. and automobile service station uses with a common architectural theme. 3. 3 PERMITTED USES No building or structure, or part thereof. shall be erected, altered or used, or land used. in whole or in part, for other than the following: Permitted Uses: Accounting services (Group 8721) Business services (Groups 7311. 7313, 7371, 7372, 7373. 7374, 7375, 7376, 7379) Engineering. accounting, management and related services (Groups 8711-8713,8741, 8742, 8743, 8748) Health services (Groups 8011-8049,8082) Holding and other investment offices (Groups 6712-6799) Insurance agents, brokers and service (Groups 6411) Insurance carriers (Groups 6311-6399) Personal services (Group 7291) Real estate (Groups 6519, 6531, 6541) Legal services (Group 8111) Non-commercial indoor storage by occupants of the building. Any use deemed to be consistent with the uses described within this PUD. as determined by the Board of Zoning Appeals ('BZA"). 15 170 Accessory Uses: Uses and structures that are accessory and incidental to the Permitted Uses within the CPUD Document. including but not limited to walls. fences. arbors, gazebos and the like. Caretaker's residence, in accordance with the requirements of the LDC. 3.4 DEVElOPMENT STANDARDS Minimum Lot Area: 10,000 square feet Minimum Lot Width: 75 feet Minimum Yards: Setbacks shall be measured from the property line. Front yard: 50 feet Side yard: 15 feet. except 25 feet when adjoining residential areas Rear yard: 20 feet. except 25 feet when adjoining residential areas Minimum Distance between Principal Structures: la-feet or Y2 the building height. whichever is greater. Minimum Floor Area: 700 square feet of gross floor area for each building on the ground floor. Maximum Floor Area: Fifty-two thousand (52,000) square feet of leasable commercial building floor area. Maximum Height (Zoned): Three stories at a maximum of 50 feet. (Actual): A maximum of 65 feet. Lighting: Lighting facilities shall be arranged in a manner that protects roadways and neighboring properties from direct glare or other interference. Light poles shall be limited to a maximum height of twelve (12) feet in height along the western edge of the development area adjacent to the FPL Easement Area, 16 17D SECTION IV DEVELOPMENT COMMITMENTS 4. 1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4. 2 GENERAL Ali facilities shall be constructed in strict accordance with final site development plans. final subdivision plats and all applicable State and locai laws, codes, and regulations applicable to this CPUD in effect at the time of the development order application to which the regulations relate application. Except where specifically noted or stated otherwise. the standards and specifications of the LDC shall apply to this project even if the land within the CPUD is not to be piatted. The developer. its successor and assigns, shall be responSible for the commitments outlined in this Document. The developer. its successors or assignees shall follow the Master Plan and the regulations of the CPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer. its successors or assignees is subject to any commitments within this Document. 4. 3 CHANGES AND AMENDMENTS TO CPUD DOCUMENT OR CPUD MASTER PLAN Changes and amendments may be made to this CPUD Document or CPUD Master Plan as provided in the LDC, Minor changes and refinements as permitted by the LDC may be made by the developer in connection with any type of development or permit application required by the LDC. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This CPUD is subject to the Sunset Provisions of the LDC. An annual monitoring report shall be submitted pursuant to the LDC. 4.5 AFFORDABLE HOUSING Appiicant shall contribute to the Collier County Affordable Housing Trust Fund SO.50 for every square foot of any building constructed upon issuance of the CO for said building. 17 'W'~~UfJ J Jii~jq'~nIJin f .~ ~f ~ e~i~. ~ ~ ~ ~ ~ .. ~ 5~'Il8"1 ::0 q ~f"8' 'f{ !~ ~ n l"iHf1it.! ~ j.i~H~li '!iil ~ ~ a till ({;if lll~", 1!f fit-it Ill;' z~m i~t ~1~liH Si~~,~mHn ~~~;j . "1" 8 8 ~ 1 ltJ.... i fUfJfi' P Uh!.!"lt~ +-- i~!~~ . '-j r~ f-<z~~i8:S~1l &.;u I, I i.. "I ~ Il ~~l i" "tll~ -- all: ;ll"~,f~'~1 ~~ ~~AI mW!~~ h'!i~i~f~ ~ , I ~&1 "'!~i!h~ Hfi&~'Jh~ ~ I ~ 8: i'i.h ~'l! ~ 8'ii''l'' iN ."~ 111 ~ I . 1-n IH. '.1 Ii I 2. .. O'UNCII i6i. ~~:;t< -<i3S:_ 6:r:fH::I ~i~. ......%0 i~~Z -0; ~~m l';;<Z -"0 ~S- -mz !j'"'m ~~m ~~:a ..- :..Z i9 0_ ~Z !!:n i!. I ~~~~ . .. " .l~~lo;;:~ii'~~il~ ~~~!~~;.!.,~I~~~~ ~~ ~g 2~ ~~ i U ~ j,: l '~~"".lgi.. '~l .!~ ";0' ~~ ,~. .,~ i!~i'~.~' ~~, II~ ~!~ I~'~ ~II ~!! Iii i !I ~.~ j3~ ~j; ! l~ ~I! o. do g!, .0 15 i!f"" ~ om ~ e I .~ "g'",O.Q ~ ;f"'''''l'ji ~J:~~b~ril~ ~ 0 . >~"'c~m . ".~,~Qz~ . ;~"",.r 2 '.,.,.. . ~~m~~~5 ~ . 'Ii.! i::'lh~~~ I i I~ii Rilili ~ ' 2~i~ ~.~'@ ! ~ !1~8 .~ ~ F -, . ~. ! I I . . ; - ~, ~~! ~""~ ~1&' s~s D j!:~ili~ Iii! '~' c 'm~ ." m ~. ~g ;0 ~~~ ~ .8 !hil: t~ hu "~ t.. -l .~ "~~ um Ill! ,,< ~ q .- c ~. pp ~ I' t o .. , .8 ff;;; i 'iU ~ . , ~ mm" ~~ " ! pm - hll ~ ~~~ . ~ ~ " ~ o~~ 8 ~ Jilll ! ~ ~ . lil' ,,~ i< , ~i~ j ~ ,-,,,,,,", ~ I poo _'11;"12 ~ ~ . I . I . I I I i I I 1-.., I! 'I , u, I I" .1 ! ~~I tJ~ II , ~n I I ! .. I .' I I 'll I 'I' ... I > , zJ I I I' I I! I ....~". ;; , 8 d . . . mO . . ! " Q < ~ ~ ~ - !:~ 1 ----- ____J ~" III , - 17D STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-48 Which was adopted by the Board of County Commissioners on the 12th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boarq~f County Commissioners ~ ~r;J.(. By: Ann Jennejohn, Deputy Clerk 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: (Display Adv., location. etc.) ......................................................................................~.J"..~.~ . Originating Deptl Div: Comm.Dev.Serv./ Planning Person: Melissa Zone rr- Date: 3( 0/.. ~ t9 7 Petition No. (If none. give brief description): HD_2006-AR-1044. Fascher Renovatt! Petitioner: (Name & Address): Marie Barnett, 1\95 Mockingbird LN, Naples, FL 34104 Name & Address 01 any person(s) to be notilied by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCe BZA Other Requested Hearing date: ADril 24. 21107 Based on advertisement appearing ~ days belore hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & 5i",,): HD_2006-AR-I0449. Marie Barnett, 01 M. Barnett DesigD, representing Siegfried and Irene Fascher, is submitting a Historic Designation for 11219 Keewaydin Island as a historically signilieant structure lor property located on the south 100 leet 01 Dorth 500 feet of lots I and 2, South Naples Shores, Seetions 23 and 24, Township 51 South, Range 25 East. ColIier County, Florida Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes 113_138312-649110 No If Yes, what account should be charged for advertising costs: Approved by: Reviewed by: ,J.,.. .A...u-. Yh- I~ ~epartment Head Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BloA: Initiating person to eomplete one copy and obtain Division Head approval belore submitting to County Manager. Note: If legal doeument is involved, be sure tbat any necessary legal review, or request lor 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:~-:+Oate Advertised:~4 ~'\,,~. L/llID1-- <~1J..1 /c1- J RESOLUTION NO. 07 _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING THE PROPERTY COMMONLY KNOWN AS THE "HART" COTIAGE, LOCATED AT 11219 KEEWAYDIN ISLAND AND MORE PARTICULARLY DESCRIBED HEREIN, AS A ffiSTORlCALLY SIGNIFICANT SITE PURSUANT TO ORDINANCE NO. 1991-70, THE "ffiSTORlC/ARCHAEOLOGlCAL PRESERVATION ORDINANCE." 17E WHEREAS. on August 7, 1991, the Board of County Commissioners (Board), adopted Ordinance 1991-70, the "Historic/Archaeological Preservation Ordinance," which sets forth the criteria and process by which Collier County's historic and archaeological sites, districts, structures, buildings, and properties may be preserved through the designation of "historically significant;" and WHEREAS, pursuant to Section Eight of Ordinance No. 1991-70, Marie Barnett of M. Barnett Design. on behalf of owners Siegfried and Irene Fascher, Wed Petition No. HD-2006-- AR-10449, requesting that the Board designate the property, commonly known as the "Hart" Cottage, located at 11219 Keewaydin Island as historically significant; and WHEREAS. the Collier County Historic & Archeological Preservation Board reviewed and considered Petition No. HD-2006-AR-10449 at a public meeting held for that purpose and, finding that the designation crite.ria contained in Section Eight of Ordinance No. 1991-70, as amended, have been met. recommended that the Board officially designate Hart Cottage as a historically significant site. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY. FLORIDA. that: 1. In recognition of its significance in the historical heritage of Collier County and South Horida, the property commonly known as Hart Cottage, located at 11219 Keewaydin Island, and more particularly described as: The south 100 feet of the north 500 feet of Lots 1 and 2 of South Naples Shores, according to the plat thereof recorded in Plat Book 3. Page II, Public Records of Collier County, Florida, is hereby designated as a historically significant site pursuant to Ordinance No. 1991-70, as amended. for the reasons set forth in Petition No. HD-2006-AR-l0449. 2. Hart Cottage shall hereafter be subject to the regulations of the Collier County Historic/Archaeological Preservation Ordinance as they pertain to historically designated property, including all applicable incentives and restrictions. Page 1 on 17E I l' BE IT FURTI!ER RESOLVED that this Resolution shall be recorded in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion. second, and majority vote favoring same, this _ day of .2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA By: By: JAMES COLETTA. Chairman , Deputy Clerk County Attorney Page 2 of 2 17f April 2, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: HD-2006-AR-I044; Fascher Renovation 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.lAccount # 113-138312-649110 17E NOTICE OF INTENT TO CONSIDER RESOLUTION 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 Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING THE PROPERTY COMMONLY KNOWN AS THE "HART" COTTAGE, LOCATED AT 11219 KEEWAYDIN ISLAND AND MORE PARTICULARLY DESCRIBED HEREIN, AS A HISTORICALLY SIGNIFICANT SITE PURSUANT TO ORDINANCE NO, 1991-70, THE "HISTORIC/ARCHAEOLOGICAL PRESERVATION ORDINANCE." Petition HD-2006-AR-1044, Marie Barnett, of M. Barnett Design, representing Siegfried and Irene Fascher, is submitting a Historic Designation for 11219 Keewaydin Island as a historically significant structure for property located on the south 100 feet of north 500 feet of lots 1 and 2, South Naples Shores, Sections 23 and 24, Township 51 South, Range 25 East, Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. ~: 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. ____~~,_,__..___~~.._ "___.._C_'_'_"_'_'~'________~_ 17E 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) .__._"~~--,,---,,--~,,-'---'-'---'-'~ _. _.,--,._,---_._--,,~..__.__.~---,-~ Dwigbt E. Brock Clerk of Courts GOlJ,pty...ofGt>l,lier CLERK OF THE (31RCtJIT COURT COLLIER COUNTY ~t.. URTltOUSE 3301 TAMIAMI T IL EAtT P.O, BOX 4 '~044 \ NAPLES, FLORIDA\~~101-3d44 j{ I 17[ ./oo4t Clerk of Courts Accountant Auditor Custodian of County Funds .~". , i"":>, April 2, 2007 . I ;) ....1 , Marie Barnett 1195 Mockingbird Lane Naples, FL 34104 Re: HD-2006-AR-1044; Fascher Renovation Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 24, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, AprilS, 2007. Yau are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~R1&St, he Teresa Polaski, Deputy Clerk Phone - (239) 732-2646 Website: www.cIerk.coIIier.fl.us Fax - (239) 775-2755 Email: coIIiercIerk(a)cIerk.coIIier.fl.us Teresa L. Polaski 17E To: Subject: legals@naplesnews.com HD-2006-AR-1044 Attachments: HD-2006-AR-1044.doc; HD-2006-AR-1044.doc Legals. Please advertise the following on Sunday April 8, 2007. Any questions, please contact me. Thank you ~ ~ HD-2006-AR-l044. HD-2006-AR-l044. doc (28 K8) doc (28 KB) Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.fl.us) 1 Teresa L. Polaski l.Z.E......, I From: Sent: To: Subject: ClerkPostmaster Monday, April 02, 200710:57 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT2466765.txt; HD-2006-AR-1044 [J ~1 L.::...J ATT2466765.txt HD-2006-AR-l044 (2318) 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 HD-2006-AR-1044 Page 1 of 1 Teresa L. Polaski 17E ".__~~.~~~~_,_~~_____"~~,~"_"_","~~",~,,__,,~~~,,~_,,__,,_,~~~~__,_,",,_~~w~__'_~"_"_" From: Sent: To: Perrell, Pam [paperrell@naplesnews.com] Tuesday, April 03, 2007 8:26 AM Teresa L. Polaski Subject: RE: HD-2006-AR-1044 OK From: Teresa L. Polaski [mailto:teresa.polaski@cierk.collierJl.us] Posted At: Monday, April 02, 2007 10:57 AM Posted To: Legals Conversation: HD-2006-AR-1044 Subject: HD-2006-AR-1044 Legals, Please advertise the following on Sunday April 8, 2007. Any questions, please contact me. Thank you <<HD-2006-AR-1044.doc>> <<HD-2006-AR-1044.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polaski@clerk.collier.fl.us) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4/3/2007 Page 1 of 1 17f ,. Teresa L. Polaski Sent: To: From: ZoneMelissa [MelissaZone@colliergov.net] Wednesday, April 04, 2007 8:33 AM Archologylnc@aol.com Bedtelyon, Linda; Bellows, Ray; Brock, Mary; CarrelDanelle; CasalanguidaNick; Feder_N; Filson, Sue; hoffmaneleanor; Klatzkow, Jeff; LeaSandra; Martin, Cecilia; Minutes and Records; Murray, Susan; Phillips, Sharon; Puig. Judy; RamirezHeather; Student, Marjorie Subject: RE: keewaydin (HD-06-AR-10449) Cc: Per the email below, HD-06-AR-10449 Fascher Renovation, which is schedule for a BCC hearing on April 24 (4/24/07) is being reschedule to the BCC hearing on June 12 (6/12/07). Melissa Zone Principal Planner Department of Zoning & Land Development Review 2800 N. Horseshoe Dr. Naples, FL 34104 239-213-2958 From: Archologylnc@aol.com [mailto:Archologylnc@aol.com] Sent: Tuesday, April 03, 2007 5:34 PM To: ZoneMelissa Subject: keewaydin RE: AR10449 Fascher Residence Keewaydin Island Florida Dear Melissa, Due to unforeseen circumstances, I am requesting a reschedule of the presentation to the BCC. Can you reschedule for the June meeting? Thanks Marie Barnett BARCH Representative for Sig and Irene Fascher ************************************** See what's free at http://www.aol.com. 4/4/2007 llE..1 Teresa L. Polaski To: Subject: legals@naplesnews.com HD-2006-AR-1044 Legals, Please KILL ad (HD-2006-AR-1044) due to run on Sunday AprilS, 2007. Any questions, please contact me. Thank you Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-77 4-S411 (Teresa. Polaski@clerk.collier.fl.us) 1 Teresa L. Polaski 17E I.~ '" From: Sent: To: Subject: ClerkPostmaster Wednesday, April 04, 2007 8:36 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT2507260.txt; HD-2006-AR-1044 1":.:.01. li:.J r::".--."".....,. L:..J ATT2507260.txt HD-2006-AR-l044 (2318) 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 HD-2006-AR-1044 Page 1 of 1 Teresa L. Polaski 17E From: Sent: To: Perrell, Pam [paperrell@naplesnews.com] Wednesday, April 04, 2007 8:45 AM Teresa L Polaski Subject: RE: HD-2006-AR-1044 OK From: Teresa L Polaski [mailto:Teresa.Polaski@cierk.collier.fl.us] Posted At: Wednesday, April 04, 20078:36 AM Posted To: Legals Conversation: HD-2006-AR-1044 Subject: HD-2006-AR-1044 Legals. Please KILL ad (HD-2006-AR-1044) due to run on Sunday April 8, 2007. Any questions, please contact me. Thank you Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (Teresa. Polask i@clerk.collier.fl.us) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in rC5ponse to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4/4/2007 .-. - 17E May 14, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: HD-2006-AR-I044; Fascher Renovation Dear Legals: Please advertise the above referenced notice on Sunday, May 27, 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.lAccount # 113-138312-649110 "_....'-~~.._.-...__._- . ._.._.__.._.._------~ 17E' '~ NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, June 12, 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. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING THE PROPERTY COMMONLY KNOWN AS THE UHART" COTTAGE, LOCATED AT 11219 KEEWAYDIN ISLAND AND MORE PARTICULARLY DESCRIBED HEREIN, AS A HISTORICALLY SIGNIFICANT SITE PURSUANT TO ORDINANCE NO, 1991-70, THE uHISTORIC/ARCHAEOLOGICAL PRESERVATION ORDINANCE." petition HD-2006-AR-1044, Marie Barnett, of M. Barnett Design, representing Siegfried and Irene Fascher, is submitting a Historic Designation for 11219 Keewaydin Island as a historically significant structure for property located on the south 100 feet of north 500 feet of lots 1 and 2, South Naples Shores, Sections 23 and 24, Township 51 South, Range 25 East, Collier County, Florida. Copies of the proposed Resolution 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. 17E I Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa polaski, Deputy Clerk (Seal) Dwight E. Brock Clerk of Courts CuQpty'.(')fC<)llier CLERK OF 'lHE'eIRCUIT COURT .. , COLLIER COUNTY QoURTijOUSE 330] TAMIAMI T],tA1L EA~T P.O. BOX 4~'~044 . . ' NAPLES, FLORIDA~.1IO]-3044 " U I 17E Clerk of Courts Accountant Auditor Custodian of County Funds May 14,2007 Marie Barnett 1195 Mockingbird Lane Naples, FL 34104 Re: HD-2006-AR-1044; Fascher Renovation Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 12, 2007, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, May 27, 2007. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK t M5({; K~~ eresa Polaski, Deputy Clerk Phone - (239) 732-2646 Website: www.clerk.collier.fl.us Fax - (239) 775-2755 Email: collierclerklalclerk.collier.fl.us Teresa L. Polaski 17E To: Subject: legals@naplesnews.com HD-2006-AR-1044 Attachments: HD-2006-AR-1044.doc; HD-2006-AR-1044.doc Legals, Please advertise the following on Sunday, May 27,2007. Any questions, please contact me. Thank you ~ ~ HD-2006-AR-l044. HD-2006-AR-l044. doc (28 K8) doc (28 KB) Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.Po laski@collierclerk.com) 1 17E Teresa L. Polaski From: Sent: To: Subject: postmaster@collierclerk.com Monday, May 14, 2007 11 :09 AM Teresa L Polaski Delivery Status Notification (Relay) Attachments: ATT233225.txt; HD-2006-AR-1044 1=::1 G:...J F:"7l L.::...J ATT233225.txt (2318) HD-2006-AR-l044 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 Teresa L. Polaski 17f From: legals@naplesnews.com Sent: Tuesday, May 15, 2007 1:46 PM To: Teresa L. Polaski Subject: RE: HD-2006-AR-1044 OK From: Teresa L. Polaski Sent: 5/14/2007 11 :08:49 AM Legals, Please advertise the following on Sunday, May 27, 2007. Any questions, please contact me. Thank you <<HD-2006-AR-1044.doc>> <<HD-2006-AR-1044.doc>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.Po laski@collierclerk.com) Under Florida Law, e-mail addresses are public records. {f 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. 5/15/2007 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Pu blication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naptes, in Collier County, Florida; distribuled in Collier and Lee coumies of Florida; thai the altached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on May 27th 2007. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail maner at the post office in Naples, in said Collier County, Florida, for d period of I year next preceding the first publication afthe 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 ;;e.,"i~eL ( SignatOre of affianl) Sworn to and subscribed before me This 27" Day of May 2007. \ ~ \,-lu~UQ,YtaQ (Sign UTe of public) /\f.~~'" JUDY JANES [.r~:~ (~Ommission DO 675029 'IS ., Expiies May 16, 2011 ".;, ~Th(UTmyfainlllGUfMOB800-385-7019 FEI 59-2578327 '.~Hl),~. .... J.. . . T10 , I ~.ottCe Is h,. _Iven ~ that on T_ ..l\.Ine. '12, 20.7, l/I I'd- ; rDOm3rd ~ IStfation tiler C . center, tml Tnul, 'the' Boarcf-o :c~ !If ~s1der t~;"" _.......,' a eou_t,; _ IThe m . " ...., ", ;; Irnence at., ~_ :Utle of tb,...'..... p_..'~.: ~ Resolution.'M.. '.. ...... '. :A RESOLu:ftONI...~..T!t. IBOAAD',P' c: '. '..~ ,COMMt$SlOH u 'COLLIEIl',C , 'FLORIOA~ g tTMt: PRu ,~. :CATEO A ~WAYDI = _:HISTO . ' CANT 51 ,PU TO ORDINANC NO, ~Tft_ RI ARC ., .. ,~ --PRl'SERV '10:': , I~ NANCE.' ' PeUtlon ,~JotD.2.."~.R. 1044, M.....;. < of M. Barneft~ resenting' Irene FfI """ a H tlonfor din 1.lan:';'? ',cally s '\lire for . . ltd on 'Of 11 anct 2, : SI1o....riP. .,., l 24, Tow . ;,-"_ ....-- , 1 RanD._ : ..' ,_;",' j CQUf1tY, " --.i : coplet of,~,~ '.. .....lull""".'_.... .......,11.1,..,.., :~iii'~1li""'. 'lor .'. ." I ested. ....' lto~."/"!"OI-",, ir.'JI. 'iI~ l~- . l ter wlthUW' . , mlniltratQ! _' lsentatlon ,l~ Ii I be lImlted 'tN-. Ion an Itttn. "*. I tlon ~ an I vidual to '=~l>OlIall 01 an IJIBI" I g. 1 an, t=u~~pru:ao~ 17f -'-'aIOmln. =-',.. ll1I.on an' I. . .. I'=_to~ ......i...=~........WtD("~..........llI.....T:......... .E." ..=-., . I. m'tl3 ... ... to. , 10 allY .J.;~~ I !.!~~~'ndg,~~ ~aTrie-lJU~tntttiTio ::ff~~ en .c:Ia)!s prior to the public nearing. Allma. tenal used .Ih ......nte. tlons before the Board will become a perma. "MI1t"pM IIA tQI",.,. AnYE who decides to a peal a decision of thewllf need a reo eonl of the proceedl"". pertalnlnlltnereto and therefore, may need to ensure that a verbatim record of the proceed- Ings Is made. which reo cOrd Includes the testl. mony and evidence ~~ICh the appeal Bodo OF COUNn COMMISSIONERS . COLLIER COUNTY, FLORIDA JAMES COLmA, CHAIR. MAN ~HT E: BROCK, By: T...... PoIUk1, Dep- uty Clerk (seal) MeYrT No. 1519244 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 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 #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exec tion oithe Chairman's si nature, draw a line throu rautin lines # 1 thrall #4, com tete the checklist, and forward to Sue Filson line #5). Office Initials Date PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee ehaimlan'S signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Melissa Zone Contact Agenda Date l1em was 6-12-2007 A roved b lhe BCC Type of Document Attached 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 213-2958 17 E 2 Yes (Initial) N/A(Nol A licable) 6. Minutes and Records Clerk of Court's Office ~ ;&."" I: Forms! eounty Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Phone Number Agenda l1em Number Resolution Number of Original Documents Attached "1)0 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ra riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk 10 the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriale pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on to -t,t--o 7 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. Retn: CLERK TO THE EOARD INTEROFFICE 4TH FLOOR BIT 84D6 4032400 OR: 4243 PG: 2506 RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL ~~;Ii:E 06/13/2001 at 01:36PM DWIGHT E. BROCK, CLERK 18.50 2.00 RESOLUTION NO. 07-150 17E A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DESIGNATING THE PROPERTY COMMONLY KNOWN AS THE "HART" COTTAGE, LOCATED AT 11219 KEEWAYDIN ISLAND AND MORE PARTICULARLY DESCRIBED HEREIN, AS A HISTORICALLY SIGNIFICANT SITE PURSUANT TO ORDINANCE NO. 1991-70, THE "HISTORIC/ARCHAEOLOGICAL PRESERVATION ORDINANCE." WHEREAS, on August 7, 1991, the Board of County Commissioners (Board), adopted Ordinance 1991-70, the "Historic/Archaeological Preservation Ordinance," which sets forth the criteria and process by which Collier County's historic and archaeological sites, districts, structures, buildings, and properties may be preserved through the designation of "historically significant;" and WHEREAS, pursuant to Section Eight of Ordinance No. 1991-70, Marie Barnett of M. Barnett Design, on behalf of owners Siegfried and Irene Fascher, filed Petition No. HD-2006- AR-10449, requesting that the Board designate the property, commonly known as the "Hart" Cottage, located at 11219 Keewaydin Island as historically significant; and WHEREAS, the Collier County Historic & Archeological Preservation Board reviewed and considered Petition No. HD-2006-AR-10449 at a public meeting held for that purpose and, finding that the designation criteria contained in Section Eight of Ordinance No. 1991-70, as amended, have been met, recommended that the Board officially designate Hart Cottage as a historically significant site. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. In recognition of its significance in the historical heritage of Collier County and South Florida, the property commonly known as Hart Cottage, located at 11219 Keewaydin Island, and more particularly described as: The south 100 feet of the north 500 feet of Lots 1 and 2 of South Naples Shores, according to the plat thereof recorded in Plat Book 3, Page 11, Public Records of Collier County, Florida, is hereby designated as a historically significant site pursuant to Ordinance No. 1991-70, as amended, for the reasons set forth in Petition No. HD-2006-AR-1 0449. 2. Hart Cottage shall hereafter be subject to the regulations of the Collier County Historic/Archaeological Preservation Ordinance as they pertain to historically designated property, including all applicable incentives and restrictions. Page 1 of2 *** OR: 4243 PG: 2507 *** 17r ... - . BE IT FURTHER RESOLVED that this Resolution shall be recorded in the Public Records of Collier County, Florida. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this.1L day of ~. H.W ,2007. ATTESJ:'. '''-';'' DW~TKBR@CK, Clerk . . ~:~~k Attest IS toth4t,..ejuty Clerk stgoatul"t onl~ Approved as to form and gal ffie" cy: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: J Jeffr Man w nt County Attorney Item# L~ Agonda (/> ({ ') /,., 4 Date ~-+- D,,;~~ei \- I. ~ I '1 ,w,.~-r- .. - .P~- .j'.;'L!;/ L_..______ Page 2 of2 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS l?F . (i)... , . '00\<> To: Clerk to the Board: Please place the following as a: Normal legal Advertisement XX D Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Deptl Div: t., .~i.4 1 U' ( Tnfii l!t,lfl1,1 Date: May 25, 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 appearilil'lOday~'hefore hearing. J.-1I, HOt Newspaper(s) to be used: (Complete only if important): XX Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84-37, AS AMENDED, ALSO KNOWN AS CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AMENDING SECTION 38-57, ADDING DEFINITIONS; AMENDING SECTION 38-68, ADDING CERTAIN EMERGENCY MEASURES; AMENDING SECTION 38-71 TO ADDRESS THE RIGHT OF ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND INDEMNIFICATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND .oRDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Pre ared b : Robert N. Zac Reviewed b David C. Wei Does Petition Fee include advertising cost? DYes D No If Yes, what account should be charged f~r advertising costs: List Attachments: (I) 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: D County Manager agenda tile: to D Requesting Division D Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ********************************************************************************************************* FORCLE<<,l\.'SQ~FICEU~~-lir;JIJ7 / /~ / j, I.. Date Received: ~ Date of Public hearing: l..P, 07 Date Advertised: ~ 7f 17r ORDINANCE NO. 2007-_ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84- 37, AS AMENDED, ALSO KNOWN AS CHAPTER 38, CIVIL EMERGENCIES, ARTICLE Ill, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AMENDING SECTION 38-57, ADDING DEFINITIONS; AMENDING SECTION 38-68, ADDING CERTAIN EMERGENCY MEASURES; AMENDING SECTION 38-71 TO ADDRESS THE lUGHT OF ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND INDEMNIFICATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the removal of disaster-related debris from public rights-of-way is considered to be in the public interest and eligible for reimbursement under the Federal Emergency Management Agency's (FEMA) Public Assistance Program; and WHEREAS, debris removal from private roads and gated communities is typically ineligible because it is the legal responsibility of the owner; and WHEREAS, an eligible applicant for reimbursement such as the County may undertake or seek to undertake removal of debris from private roads and gated communities; and . WHEREAS, in such cases FEMA and the State will determine eligibility on a case by case basis; and WHEREAS, determining eligibility under the Public Assistance Program for private roadway and gated community debris removal, FEMA and the State must be able to reach the following conclusions in relation to the work in question: 1. Removal was the legal responsibility of an eligible applicant (County): 2. It was necessary in the public interest to eliminate an immediate threat to life, public health and safety; and 3. The Federal government was held hmm1ess and indemnified for all claims or loss or damage resulting from the work. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Ordinance No. 84-37, as amended, also known as Chapter 38, Article III, Section 38-57, Collier County Code of Laws and Ordinances is hereby amended to add the following definitions: Derelict Vessel mcans any vessel, as defined in Section 327.02, Florida Statutes, that is left, stored or abandoned: Words struck through are deleted; words underlined are added. t 17r (a) In a wrecked, iunked or substantially dismantled condition upon any public waters of the county or county property or right of way. (b) At any port. dock, or mooring of the county without the consent of the agency having iurisdiction. (c) Docked, grounded or beached upon propertv of another without consent of the owner of the property, Abandoned Vehicle means anv vehicle meeting the definition of abandoned property, as defined in Section 705.101, Florida Statutes, that is left, stored or abandoned: (a) In a wrecked, inoperative, iunked, partiallv dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous materials upon the public property of the County. (b) On any roadway of the county without the consent of the agencv having iurisdiction thereof. (c) Left, stored, abandoned, iunked, partially dismantled, sunk, flooded or conl1ibuting to an uncontrolled release of fuel or hazardous matetial, upon the property of another without the consent of the owner of the property. SECTION TWO: Ordinance No. 84-37, as amended, Section 5, also known as Chapter 38, Article III, Section 38-68, Collier County Code of Laws and Ordinances is hereby amended to add the following emergency measures: (13) Authorize the emergency purchase of radio, television, print or any other paper or electronic media for the purposes of advertising residents of protective action recommendations, recovery information and debris removal or disposal recjuirements or any other pertinent information in support of public health or safetv. (14) Activate a statewide mutual-aid system. Any expenditure made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for direct protection and benefit of the inhabitants and mitigate the potential for severe environmental property damage of the county. (15) Make a determination that: (a) There is a threat to public health and safetv that may result from the generation of widespread debris throughout the county; (b) Such debris constitutes a hazardous cnvironment for all modes of movement and transportation of the residents as well as emergency aid and relief services; (c) There is an endangerment to all properties in the county; (d) There is an environment conducive to breeding disease and vermin; (e) There is a greatly increased risk of fire; Words st,rHek througJ:J. are deleted; words underlined are added. 2 (f) It is in the Ilublic interest and safety to collect and remove disaster debris fro! ? F Ilrollertv. whether Ilublic lands, Ilublic or Ilrivate roads, and gated communities, to eliminate an immediate threat to life, public health and safety to reduce the threat of additional damage to improved prollerty and to promote economic recovery of the community at large. (16) Authorize the County or its contracted agent(s) the right of access to Ilrivate roads or gated communities as needed for: (a) Emergency vehicles such as. but not limited to, fire, Ilolice and medical care. (b) Performance of damage asscssment, emergency management, specialized search and rescue teams. (c) Human services and victim relief. (d) Temporary emergency traffic controls or detour efforts. (e) Debris removal vchicles and eqUilllnent, utility equillment and sanitation efforts to alleviate immediate threats to Ilublic health and safety. (17) Authorize the removal of debris, wreckage or collallsed structures resulting from a maior disaster for a safe and sanitary living or functioning condition of the Ilroximate environment. (18) Authorize the removal of derelict vessels pursuant to Florida Statutes and in coni unction with the Florida Fish and Wildlife Conservation Commission. (19) Authorize the removal of abandoned vehicles Ilursuant to Florida Statutes in coni unction with law enforcement of the city, county or state. SECTION THREE: Ordinance No. 84-37, as amended, also known as Chapter 38, Article III, Section 38-71 Code of Laws and Ordinances is amended as follows: Section 38-71. Right of Entry and Indemnification. In order to facilitate the timely removal of debris from Ilrivate roads and gated communities, each Ilrollcrtv owner or association shall grant to the Countv the right of entry onto roads and streets to clear or collect disaster debris on or adiacent to the private road or street. In coni unction with the right of entry, each prollerty owner adiacent to a Ilrivate road or street or gated community association shall indemnifv and hold harmless the United States Government, Dellartment of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the State of Florida, Collier County and their agents. officers, employees, volunteers, contractors and subcontractors, from any and all claims, losses, penalties, demands, iudgments, and costs of suit. including, but not limited to, worker's comllensation claims, and including attorney's fees and paralegal fees. for anv expense, damage or liability incurred by any of them, whether for personal iniury, property damage, direct or consequential damages. or economic loss, arising directly or indirectly on account of or in connection with the work performed by any of the above pertaining to anv hazard or disaster mitigation, recovcry or reconstruction management. Words stniel~ tRfl:ll:lgh are deleted; words underlined are added. 3 l?r SECTION FOUR: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION FIVE: 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 SIX: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2007. DATED: A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman Approved as to form and legal sufficiency: 0/-----; Robert . Za ary Assistant County Attorney CP\EmergencyPreparedness\Ordinances\AmelldPostDisastcrRecovery2007 Words struck threliga are deleted; words underlined are added. 4 17F . May 25, 2007 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: An Ordinance Amending No. 84-37 Civil Emergencies Dear Legals: Please advertise the above referenced notice on Friday, June 1, 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.lAccount # 001-100510-649100 17r NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 12, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84-37, AS AMENDED, ALSO KNOWN AS CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AMENDING SECTION 38-57, ADDING DEFINITIONS; AMENDING SECTION 38-68, ADDING CERTAIN EMERGENCY MEASURES; AMENDING SECTION 38-71 TO ADDRESS THE RIGHT OF ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND INDEMNIFICATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. are invited to attend and be heard. file with the Clerk to the All interested parties 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. 17r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk 17F Martha S. Vergara From: Sent: To: Subject: postmaster@collierclerk.com Friday, May 25,200710:50 AM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT116834.txt; Ordinance Amending 84-37 Civil Emergencies ,""1.,. l;.:..I r~.-:!'l L:..J ATT116834.txt (231 B) Ordinance 11ending 84-37 Civil 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 JJ 7'" !. "~--,._-----_.^--,-,,-----~_._---_.._~----~~_.._.~--~-_....-.---- From: Perrell, Pam [paperrell@naplesnews.com] Sent: Friday, May 25, 2007 10:59 AM To: Martha S. Vergara Subject: RE: Ordinance Amending 84-37 Civil Emergencies OK ~________~_____ ~~_,__,____",~""__,_~~,,,__,,_,,_,___,__,,___,'__M~_.__._. .__...._.___........._._._._....., _...._-.._,_.___,,'uH" ._..___.____._.._._____.__H__~_______ From: Martha 5. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Friday, May 25, 2007 10:50 AM Posted To: Legals - NDN Conversation: Ordinance Amending 84-37 Civil Emergencies Subject: Ordinance Amending 84-37 Civil Emergencies Pam Another ad.. Thanks and have a great weekend... Martha Vergara Deputy Clerk - BMR 239-732-2646 ext. 7240 5/25/2007 NAPLES DAILY NEWS Published Dad, Naples. FL 3,) 102 Affidavit of Publication State of Florida Connty of Collier Before the undersigned they serve as the authority. pcrsonal1~ appeared 13. Lamb. who on oalh says that the I sene as the Assistant Corporate Sccrctar~ of the ~aplcs Daily_ a daily nc\\spapcr published at Naples. in Collier County. Florida: distributed in Collier and Lee counties of Florida: that the attached copy of the ad\crtislIIg. bClI1g a PUBLIC NOTICE m ,he malter of PUBLIC NOTICE \\as published in s<lid newspaper I lime in the issue on June I':. 2007 \rtianl h.lrthcr says that the saId 'arlc~ I)aih :\c\\s is il rk\\Spap~r Pllhlish..:d at \:apks. in said Colli..::r C\;lInt~'. J'lorida. and that tlw said !k',\~p~lpLr has hcrdoror" h<:i.:Jl conlil1110Ush pllidishl:d ill said Culli.:r (,)lIl1\\'. Fjmida: dislrihukd ill C,)lli.::r and I.'::e' cotll1ti..::s of I'lurida ":Kh da\' :l1ld has h,'<'l1 ,'nter('d itS se'cond cla~s mail malt,'r :1\ Ihe pmt ollic..: ill '\:apl.:s_ in ,qid Colli.::r C01l1l1~, Florid:l, I'll!" a pcriod 01 I year n"::.\,1 preceding Ih.:: first publie'ali()!l o!"the atla..:h..:d c()p~ <11 ad\ertiscTllent: :md aflianl I'urth..::r sa\~ that he h;ls neith.::l' paid 1101 p!"omiscd an\ pcrsoll_ lin11 O!" ..::orporali,lt] al1\' disCUUI1L r..::hatc comll1ission ur r..::flltld for th.:: purpusc ,If s..:curi1\~ Ihis aJ\'(TtiscJlwnl for I",bl,",,,,,,, ,n II," "n" n"'''''::--r ------L5,_____ ( Signature of affiant) S\\.om to and subscribed before- IllC This IS! _ Day of June 2007 n '^~GA ~-'\~~ (Signatllr~ of nota.' Jublicl FEI 50-2578327 lj~\'~.. JUDY JANES !':':'i Commission .00675029 '~~ ;f Expires May 16, 2011 '.Rf.,/~" 8ond8dThNTroyF81nlnstr.ino&lJOO.385-7019 ORD. NO.S4-37 . NOtiCE OF JJoII'~. ~ 10 ,cqNStDER P~E: Notice-Is hereby given thafon Tunday, Jllne 12. 2007. In the, Board- ~""Fl<lOr,l\dlIIln. I~, Ion Butlctl,..,-col- HI, oulllY GO"'''lOnl r, 3301 Edt Taft'lla~ 1i1l....I.N__ tn.,:aoard,of 'County ~IS5Ioners-wW con. the en _ ..,' ,of .~." ounty O~d~'n~ce. 1he meeting will com- mence at 9:00 A.M. The title of the progosed' Or. ~I!_~..."... ,- .Wi CltRDINANcE AMEND. I. GCOLLlER COUNTY RD~ANCE. NO. 84.31~' AS AMENDED ALSO KNOWN'ASE'" eMk EMERGENt . AiR- "'CLE III, DECLARIi ION OF STAT. Pf EM_. ov, Of Tf/E COLLIER COUNTY OoD< Of LAW$ AND. ORl)~H'IIU$; MENG IllN 38. ~7~ TJDIN "GEnII'. ~UNS; __ SIC. . 'PN 18-H.. ~DI"G ERT'AINEMlg.GN.'ev M~RE.S; Ii l/IND' nc~ i3&-M'. ,4P. DRE KE .'04' BNTRV'. NTO' IVAfE ROADSAHPGAT10 OOmlTlU AND IN. OEM "llATij)Hif:,.ao. . IDI.G FOR Co . OT ~ND 'SEVIiU'~l~V: PROVIDING FOR u. SIPNdN THECP EDF LA if" A,ND 'ORD'1- NANC ,~ND FROVID, INO ,,'u-t:Ir.CTIVI O'ATL CO~~i' fA' th.,Pr~ Or"l,..nl;e,.,.~, :$'. ~1~~..tN.".OI.rk l<>, tN' BOAfli-'" ~are .......... 'or_.M_ ested. Parties 'are invited to attend and be heard.' 17F NPTE: All __ .. Ina ; to. ,p.'k :onilJ/ ~':;.-.,. ,..: ==r~= = to ,be,addle.led"1 ''''lb=~'.' "'~_ The , \IOn 01... _IdUlt to '.- ,on ",alf9f an __. Iz". lion o. '. group Is enCO\lr~; ,If, re(:og- nlaO lIY tI>o. ~I'JTIan. a SpOk~sperSQn for a grouD or .0000Pl'lIzation ma9 be allotted 10 mln~ utes to speak on an "em. -i~~rrr~=:f~1~ the ioai'd agenda pack- et,. must submit sald3 material a -minimum of weeks prior to the re- spective publiC hearing. In any case, written ma- tetlal$' Intended to be c:onsldored by tf1e IIoMd I shsll be Jiubmltted to the:approprlate County' staff '. minimum of sev- en days prior to the DUbIlC. hearing. All ma- leri....e<llri.reoenta. t1on5 before the- Bo&td will 'beCOmea'perms- nentpart ofthttricord. Anv person who 'd,ecld,- esto a~pe f a,~on of the , wtll,rNed a recarel :the"proceed- In~ ",rtalRInG thereto and therefore, may need to ensure- that a verbatim record ,of the I proceedlngsls made, which record Includes I the testimony and evl. denee' upon which the, .....' i>_. BOARD OF 'COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIR- ~NIGHT E. BROCK, CLERK ~y:~a.rtha ve.'. gara, -"""". June 1 No. 1573953 ",;..., ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIIl7 F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE (Print on pink paper. Attach 10 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 signalures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinll order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Robert N. Zachary, Assistant County Phone Number 774-8400 Contact Attornev Agenda Date Item was June 12,2007 Agenda Item Number l7 F Aooroved bv the BCC Type of Document Ordinance -01:- Lf Cj Number of Original 1 Attached Documents Attached Initial the Yes column or mark "NI A" in the Not Applicable column. whichever is Yes N/A(Not aoorooriate. (Initial) Aoolicable) 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 ,e..z. contracts. agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and oossiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's <<Z Office and all other narties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~"Z. document or the final nel!otiated contract date whichever is annlicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's (<.'7" si2nature and initials are required. 5. In most cases (some contracts are an exception), the original documenl and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. ~'t. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware ofvour deadlines! INSTRUCTIONS & CHECKLIST I: FormsJ County Fonnsl Bee FonnsI Original Documents Routing Slip WWS Originat 9.03.04 17F ORDINANCE NO. 2007-~ AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 84- 37, AS AMENDED, ALSO KNOWN AS CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AMENDING SECTION 38-57, ADDING DEFINITIONS; AMENDING SECTION 38-68, ADDING CERTAIN EMERGENCY MEASURES; AMENDING SECTION 38-71 TO ADDRESS THE RIGHT OF ENTRY ONTO PRIVATE ROADS AND GATED COMMUNITIES AND INDEMNIFICATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the removal of disaster-related debris from public rights-of-way is considered to be in the public interest and eligible for reimbursement under the Federal Emergency Management Agency's (FEMA) Public Assistance Program; and WHEREAS, debris removal from private roads and gated communities is typically ineligible because it is the legal responsibility of the owner; and WHEREAS, an eligible applicant for reimbursement such as the County may undertake or seek to undertake removal of debris from private roads and gated communities; and WHEREAS, in such cases FEMA and the State will determine eligibility on a case by case basis; and WHEREAS, determining eligibility under the Public Assistance Program for private roadway and gated community debris removal, FEMA and the State must be able to reach the following conclusions in relation to the work in question: 1. Removal was the legal responsibility of an eligible applicant (County): 2. It was necessary in the public interest to eliminate an immediate threat to life, public health and safety; and 3. The Federal government was held harmless and indemnified for all claims or loss or damage resulting from the work. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Ordinance No. 84-37, as amended, also known as Chapter 38, Article III, Section 38-57, Collier County Code of Laws and Ordinances is hereby amended to add the following definitions: Derelict Vessel means any vessel, as defined in Section 327.02, Florida Statutes, that is left, stored or abandoned: Words strHel~ tl:1TEH:lgh are deleted; words underlined are added. I 17F (a) In a wrecked, iunked or substantially dismantled condition UDon any public waters of the countv or county proDerty or right of way. (b) At anv port, dock, or mooring of the county without the consent of the agency having iurisdiction. (c) Docked, grounded or beached upon property of another without consent of the owner of the property. Abandoned Vehicle means any vehicle meeting the definition of abandoned property. as defined in Section 705.101. Florida Statutes, that is left, stored or abandoned: (a) In a wrecked. inoperative, iunked, partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous materials upon the public property of the County. (b) On anv roadwav of the county without the consent of the agency having iurisdiction thereof. (c) Left, stored, abandoned, iunked, partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous material. upon the property of another without the consent of the owner of the property. SECTION TWO: Ordinance No. 84-37, as amended, Section 5, also known as Chapter 38, Article III, Section 38-68, Collier County Code of Laws and Ordinances is hereby amended to add the following emergency measures: (13) Authorize the emergency purchase of radio, television, print or any other paper or electronic media for the purposes of advertising residents of protective action recommendations, recovery information and debris removal or disposal requirements or any other pertinent information in support of public health or safetv. (14) Activate a statewide mutual-aid system. Any expenditure made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for direct protection and benefit of the inhabitants and mitigate the Dotential for severe environmental propertv damage of the counly. (15) Make a determination that: (a) There is a threat to public health and safety that may result from the generation of widespread debris throughout the county; (b) Such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergency aid and relief services; (c) There is an endangerment to all properties in the county; (d) There is an environment conducive to breeding disease and vermin; (e) There is a greatly increased risk of fire; Words strHel~ tAFOUgh are deleted; words underlined are added. 2 17F (f) It is in the public interest and safety to collect and remove disaster debris from all property. whether public lands, public or private roads. and gated communities, to eliminate an immediate threat to life. public health and safety to reduce the threat of additional damage to improved propertv and to promote economic recovery of the community at large. (16) Authorize the Count v or its contracted agent(s) the right of access to private roads or gated communities as needed for: (a) Emergencv vehicles such as, but not limited to, fire. police and medical care. (b) Performance of damage assessment, emergencv management, specialized search and rescue teams. (c) Human services and victim relief. (d) Temporary emergency traffic controls or detour efforts. (e) Debris removal vehicles and equipment. utility equipment and sanitation efforts to alleviate immediate threats to public health and safety. (17) Authorize the removal of debris. wreckage or collapsed structures resulting from a maior disaster for a safe and sanitary living or functioning condition of the proximate environment. (18) Authorize the removal of derelict vessels pursuant to Florida Statutes and in coni unction with the Florida Fish and Wildlife Conservation Commission. (19) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in coniunction with law enforcement of the city. county or state. SECTION THREE: Ordinance No. 84-37, as amended. also known as Chapter 38, Article III, Section 38-71 Code of Laws and Ordinances is amended as follows: Section 38-71. Right of Entry and Indemnification. In order to facilitate the timelv removal of debris from private roads and gated communities. each property owner or association shall grant to the County the right of entry onto roads and streets to clear or collect disaster debris on or adiacent to the private road or street. In conjunction with the right of entrv, each property owner adjacent to a private road or street or gated community association shall indemnify and hold harmless the United States Government, Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA). the State of Florida. Collier County and their agents. officers, emplovees, volunteers, contractors and subcontractors. from any and all claims. losses. penalties. demands, judgments. and costs of suit, including. but not limited to. worker's compensation claims. and including attorney's fees and paralegal fees. for anv expense. damage or liability incurred by any of them. whether for personal iniury. property damage. direct or consequential damages. or economic loss, arising directly or indirectlv on account of or in connection with the work performed bv anv of the above pertaining to any hazard or disaster mitigation, recovery or reconstruction management. Words strHel: tHfOl:lgh. are deleted; words underlined are added. 3 17F SECTION FOUR: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION FIVE: 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 SIX: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice of its filing from the office of the Secretary of State of the State of Florida. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this!Lday of J w r-f(.. ,2007. DATFJ:l:~~~:~~.J;'. ". ~~. ...."'. A 1 =st: .. .... ,,:;:' D~G!j::F.13R~Ck? ~lerk B.\' '~..',';~._I:.: :-.(l. Yli' DL 1I~';'. '\ . ,. :' ',:.,' ' '.... . . ' . "", .' {t." .... ,"," e 'iI~~ t~h Ch~ 11'lii4!l . S 1 gn4ture on 1 . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JA Approved as to form and legal sufficiency: 7f;;if;(~~ Robert . Za ary Assistant County Attorney CP\EmergencyPreparcdness\Ordinances\AmcndPostDisasterRecovery2007 Words strl:lcl~ lkfEHigA are deleted; words underlined are added. 4 17F STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-49 Which was adopted by the Board of County Commissioners on the 12th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ ~~P,(. By: Ann Jennejohn, Deputy Clerk COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS @17G To: Clerk to the Board: Please place the following as a: Ei'J N ormallegal Advertisement D Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Depll Div: County Attorneys Office Person: Jennifer A. Belpedio, Esq. Date: May 21,2007 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (lfmore space is needed, attach separate sheet) Hearing before Ei'J BCC BZA Other Requested Hearing date: (Based on advertisemenl appearing 10 days before hearing. June 12,2007 Newspaper(s) to be used: (Complete only if important): Ei'J Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 75-16, AS AMENDED, AS CODIFIED IN SECTIONS 2-36 THROUGH 2-42 OF THE CODE OF LAWS AND ORDINANCES, REVISING AND CLARIFYING THE TIME, PLACE, AND CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, THE PROCEDURE FOR SCHEDULING AND THE CONSIDERATION OF ITEMS OF BUSINESS OF THE BOARD OF COUNTY COMMISSIONERS ON THE AGENDA, THE PROCEDURE FOR ADDRESSING THE BOARD OF COUNTY COMMISSIONERS AT THE MEETING, AND THE PROCEDURES FOR THE RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion pelition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? DYes AcctNo.: 001100510649100 Rev~:t,i David C. Weigel, Cou Ei'J No If Yes, whal account should be charged for advertising costs: Dale Lisl Attachments: Ordinance No. 2007 - DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to Clerk's Office D Requesting Division D Original B. Other hearings: Iniliating Division head to approve and submil original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ~f:J:, 1"N'1~ Date Received: ~T"'ate of Public hearing: 04.cOA-01136/346 ~ / /2.{ 01-- Date Advertised: 14+F r:r ORDINANCE NO. 2007- 17G AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 75-16, AS AMENDED, AS CODIFIED IN SECTIONS 2-36 THROUGH 2-42 OF THE CODE OF LAWS AND ORDINANCES, REVISING AND CLARIFYING THE TIME, PLACE, AND CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, THE PROCEDURE FOR SCHEDULING AND THE CONSIDERATION OF ITEMS OF BUSINESS OF THE BOARD OF COUNTY COMMISSIONERS ON THE AGENDA, THE PROCEDURE FOR ADDRESSING THE BOARD OF COUNTY COMMISSIONERS AT THE MEETING, AND THE PROCEDURES FOR THE RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, Ordinance No. 75-16 was adopted by the Board of County Commissioners to establish a time, place, and conduct of Board of County Commissioner meetings; and WHEREAS, on September 28, 1981, Ordinance No. 81-54 was adopted by the Board of County Commissioners to amend Ordinance No. 75-16 to include a procedure for scheduling and consideration of items of business at the Board of County Commission meetings; and WHEREAS, between 1981 and 1991, Ordinance No. 75-16 was amended multiple times by the Board of County Commissioners to reflect procedures as they evolved; and WHEREAS, the Board of County Commissioners has deemed it necessary to amend Ordinance No. 75-16, as amended, to reflect procedures that are consistent with the present meeting schedule of Board of County Commissioners; and WHEREAS, the Board of County Commissioners finds it necessary to amend Ordinance No. 75-16, as amended, in order to provide greater clarity of procedures; and WHEREAS, the Board of County Commissioners has determined that it is in the interest of the health, safety and welfare to adopt this amended Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section One, Paragraphs 1 through 5 of Ordinance No. 75-16, as amended, codified as Section 2-36 through 2-40 in the Code of Laws and Ordinances. 1. Meetings of the Board of County Commissioners: a. Regular meetings. The Board of County Commissioners shall normally hold its regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day designated as a holiday. interim recess. or as otherwise directed by an affirmatiye vote of the maiority of all Board members present. Meetings may be postponed or cancelled by-Boanl aetieR an affirmative vote of the maiority of all Board members present. Meetings shall normally be held ffi at the Collier County Government Center ee\lRty ee\lrtfle\lse, East Naples, and shall be open to the news media and the public. Meetings may be held in other locations within the County. Page 1 of 7 Words underlined are added; words struck through are deleted. b. Special meetings. When the Chairman or a majority of the Board calls a spec~ ? G " meeting, the Countv Manager or his designee shall notifv the Clerk, shall be Hotifiee to iHfflfm the CaliRt)' Maaager, the County Attorney, and issue press releases advising repres8HtatiYes of the press shall be Hatifiee of settiHg the place, date and hour of the meeting and the purpose for which the meeting is called. c. Agenda. There shall be an official agenda for each meeting of the Board, which shall determine the order of business conducted at the meeting. (I) The Board shall not take action upon any matter, proposal, report or item of business not listed upon the official agenda, unless a majority of the Board present consents. (2) The County Manager shall prepare each agenda in appropriate form approved by the Board. Matters may be placed on the agenda by the County Manager, any County Commissioner, the Clerk, the County Attorney, and the constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeting. (3) All requests for a continuance of an agenda item. including matters advertised for a public hearing. require Board of Countv Commission approval. No person shall be entitled to relv for anv reason upon anv assurances that an agenda item or public hearin~ will be continued. A continuance shall on1v be granted bv an affirmative vote of the maioritv of the Board members present. d. Presiding officer, election, duties. The presiding Chairman and Vice-Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. In the event that the Chairman and/or the Vice-Chairman are not reelected as eOllflty Commissioners in any given year, the Board of County Commissioners shall elect a Chairman and/or Vice- Chairman, as applicable, on the third Tuesday after the first Monday in November to temporarily serve until the first regularly scheduled Board meeting in January at which time the scheduled election shall take place. However, the Chairman and the Vice-Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall preside in the absence of the Chairman. The Chairman shall become the presiding officer immediately after his or her election. The Chairman shall preserve order and decorum at all meetings. He shall state every question and announce the decision of the commission on each item of business. The majority vote of the members present shall determine all questions of order not otherwise covered. The Chairman may vote on any question, his or her name being called last. The Chairman shall sign all ordinances, resolutions and legally binding documents adopted by the Commission during his or her presence. In his or her absence, such ordinances, resolutions and legally binding documents shall be signed by the presiding officer. e. Call to order. At the hour appointed for the meeting, the Chairman shall immediately call the Board to order. In the absence of the Chairman and the Vice-Chairman, the Clerk shall determine if a quorum is present and call for election of a temporary Chairman to serve until arrival of the Chairman or Vice-Chairman. Page 2 of 7 Words underlined are added; words struck through are deleted. I7f f. Quorum. A majority of the Board shall constitute a quorum. No resolution, legally binding document or motion shall be adopted by the Board without the affirmative vote of the majority of all members present. Should no quorum attend within 30 minutes after the hour appointed for the meeting, the Chairman, Vice-Chairman, or in their absence, the Clerk or his designee, may adjourn the meeting. g. Rules of debate. The following rules of debate shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. (1) Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority ofthe members present. (2) Chairman participation. The presiding Chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of being the presiding Chairman. (3) Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. (4) Interruption. A member, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question is determined by the presiding officer. Any member may appeal the decision of the eChairman to the Board for decision by majority vote. (5) Privilege of closing debate. The Commissioner moving for the adoption of an ordinance, resolution or other act shall have the privilege of closing debate wl1ess otherwise directed by the chair. (6) The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his or her vote. h. Minutes. The minutes of prior meetings approved by a majority of the members present shall become the official minutes. Each resolution, ordimUlce and legally binding document shall be signed by the presiding officer at the meeting and by the Clerk and entered in the minutes. 2. Addressing the Commission: a. If a subject is not on the agenda for a meeting of the Board of County Commissioners it may be added by motion and an affirmative vote of a majority 'fflte of all Board members present that the subject should not be delayed until the next meeting. b. Any person appearing to provide the Board factual information or expert opinion to consider prior to taking official action shall be governed by the following procedure: (1) Prior to addressing the Board the speaker shall approach anv podium or anv other place otherwise designated bv the Board of County Commissioners for this purpose Page 3 of 7 Words underlined are added; words struck through are deleted. l?S the frent eenter of the eonferenee taBle and clearly state his or her full name, home address, the name ofthe person or entitv that he or she represents and the subject of his or her address. (2) Before providing factual information or expert opinion the speaker may ask, and any Commissioner may require the speaker to be placed under the following oath with right hand upraised: "1 willfully swear under oath the facts and testimony 1 furnish this Board to be the truth, the whole truth and nothing but the truth, and not inconsistent or contradictory with other statements made by me under oath." No person shall be required to take this oath more than once in any given day, but shall be reminded he is under oath before again addressing the Board. Booh eOHlHlissiOflef; staff memller and eOllnt)' eHlfllo)'ee shall take the oath one tiaw and be eonsidered lIader oath tillriag the term of his offiee. Those asking questions or desiring to comment on a matter before the Board shall not be required to take the oath. Any Commissioner may at any time request such a speaker to take the above oath. (3) Each person shall limit his address to ffi<e three minutes unless granted additional time by the Chairman or bv an affirmative vote of the majority 'fflte of the Board members present. All remarks shall be to the Board as a body and not to any individual member. No person other than a Commissioner shall discuss directly or through a Commissioner, without authorization of the presiding officer. (4) Any person making impertinent or slanderous rl~marks or who becomes boisterous shall be instructed to remain silent by the presiding officer, until permission to continue is granted. 3. Sergeant-at-anns: The County sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of County Commissioners and shall carry out all orders of the Chairman to maintain order and decorum. 4. Action to be taken by resolution, ordinance or motion: Each action of the Board of County Commissioners shall be taken by resolution, ordinance or legally binding document approved as to form by the County Attorney, except approval of administrative matters may be by motion adopted and recorded in the minutes. 5. Adjournment: A motion to adjourn shall always be in order and decided without debate. SECTION TWO: Amendment to Section One, Paragraphs 6 and 7 of Ordinance No. 75-16, as amended, codified as Section 2-41 and 2-42 in the Code of Laws and Ordinances. 6. Reconsideration of matters generally: a. Any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: Page 4 of 7 Words underlined are added; words struck through are deleted. l?C (1) By a motion to reconsider made by a member who voted with the majority if such motion is made prior to the adjourrunent of the meeting at which the matter was voted upon, but onlv in accordance with subparagraphs Cd) and (e) of this subsection. (2) By a motion to reconsider made by a member who voted with the majority if such motion is made at a regular meeting sabS6lJa6at to following the meeting at which the matter was voted upon, but only in accordance with thl) procedllfes set forth ia subparagraphs (b) through (e) of this section. b. Where a member wishes the Board to reconsider a matter after the adjourrunent of the meeting at which it was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intends to introduce a motion to reconsider. The memorandum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the County Manager at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the Board of the legal or other ramifications of reconsideration. e. UpOR adoptioR of a motioR to reeoRsider, the COlillt)' Manager saall plaee the iteRHlfl the ageRda for tae seeeRd regular meetiag fullowiag tae meeting lit which tae motioR was adopted. d.c. No motion to reconsider shall be made ao more anv later than 30 clays the second regular Board meeting following the Board's vote on the matter sought to be reconsidered. d. Upon adoption of a motion to reconsider, the County Manager shall place the item on an agenda not later than the second regular Commission meeting following the meeting at which the motion for reconsideration was adopted. e. This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. 7. Reconsideration of land use matters zomng, aHd compreaeasive plan reljaests: a. Applicability. This sectioR applies as follows: fB To sitaatioas Any matter in which the Board of County Commissioners or Board of Zoning Appeals. as the case mav be. has denied a request to change the land use designation of a parcel of land, a request for site specific rezone initiated bv a petitioner or his or her agent, variance, conditional use, license. permit or other land use-related request. plifsaant to the eompreaeRsi'/e land ase plan or wl1.ere the Board of Count)' COHlHlissioners has denicd a proposed petition to ehllRge the :loaing classification on a parcel ofland. /\. reqa6st for reconsideration may Be made oal)' by the petitioner. (2) Te all situations ia whieh the Bear..! ef Ceaat)' COHlffiisGioaers, acting ia a qaasi jadicial capacity, has denied a license, permit, or other apjprO'/al b. Request for reconsideration bv Petitioner. The petitioner shall mav request reconsideration of a petition in writing to the County Manager no later than witffiH 15 days ef from the date of the Board's action denying the original petition. This request shall be jurisdictional, and no motion for reconsideration may be made by any member of the Board where such a request was untimely e](eeflt as provided iR saBseetioa (i) ofthis seetion. c. Motion for reconsideration bv a Board member who voted in the maioritv. Any member of the Board who voted with the majority (or in the case ofa rezoning or change in land Page 5 of 7 Words underlined are added; words struck through are deleted. 17(j use designation, voted against) on the original action or petition may move for a reconsideration of the action or petition at any regular meeting of the Board within 15 days of the date of the request for reconsideration. If no regular meeting of the Board occurs within 15 davs of the request for reconsideration. the Board member mav move for a reconsideration of the action or petition no later than the first meeting of the Board that follows the Countv Manager's receipt of the request for consideration. This motion shall be made during that portion of the Board's agenda entitled "Board of County Commissioners' Report." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain \!pon which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than W 45 days from the date the motion to reconsider is adopted. d. Action on motion for reconsideration. The Board shall either act on the motion for reconsideration at the meeting at which such motion is made or may table the motion for no longer than the next regular meeting of the Board. If the motion is not finally acted upon by the adjournment of the next regular meeting of the Board after the motion has been made, it shall be deemed to have been denied. e. Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the County Manager shall schedule the petition on the agenda for the regular Board meeting which was specified in the motion for reconsideration, or if no date is specified then on the fetIfth second regular Board meeting following the meeting at which the motion is granted. f. No hearing or debate on motion for reconsideration. A motion for reconsideration shall not require public hearing, and neither the petitioner nor any other person shall have the right to address the Board considering the merits of such a motion. However, the Board may request information of the petitioner, the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person from debating the merits of the petition prior to its full consideration at a regularly scheduled Board meeting where the petition is reconsidered. g. [Procedures outlined. ] The procedures outlined herein shall not constitute an administrative remedy, and the defense of failure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition. The time period for seeking judicial relief following denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the Board votes on such matter, and a motion hereunder shall not alter such time period. h. [Initial vote. ] Where the initial vote was made after an advertised public hearing, any reconsideration of such vote shall comply with all advertisement and notice provisions that were legally required for the initial public hearing. i. Reeensideratie/l of petitie/ili recently dellied. In reeognition of the faet that several petitions f.er 'IAUeh this seetion wOl!ld be applieable hll\'e reeently been denied by the Board, IUld in reeognition of the faet that the reeonsideratien of some of these petitions may be meritorioHs and in the pl!blie interest, it is hereby dee1ared that the previsions of sHBseetion (b) of l1iis seetion are hereby '1Iai'led for any petitions otherwise entitled to reeonsideration whieh hll\'e been denied by the Board SHBSeljHent to May 1, 1981, and prior to Oetober 8, 1981. In 1iel! of the Page 6 of 7 Words underlined are added; words struck through are deleted. 176 requirements sf sU8seetion (8), petitioners \"(he are otherwise eligilllo for retJonsiclBflltion may r<Jquest reeonsicleration in writing no later than 15 clal's following September 29, 198!. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 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 renwnbered or re-1ettered 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 take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2007. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James N. Coletta, Chairman Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney Page 7 of 7 Words underlined are added; words struck through are deleted. 176 I May 21,2007 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Amending Bee Meeting Procedures Dear Legals: Please advertise the above referenced notice on Friday, June 1, 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 # 001100510649100 NOTICE OF INTENT TO CONSIDER ORDINANCE 1.,.~ '-I Notice is hereby given that on Tuesday, June 12, 2007, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of proposed Ordinance is as follows: Board the AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 75-16, AS AMENDED, AS CODIFIED IN SECTIONS 2-36 THROUGH 2-42 OF THE CODE OF LAWS AND ORDINANCES, REVISING AND CLARIFYING THE TIME, PLACE, AND CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, THE PROCEDURE FOR SCHEDULING AND THE CONSIDERATION OF ITEMS OF BUSINESS OF THE BOARD OF COUNTY COMMISSIONERS ON THE AGENDA, THE PROCEDURE FOR ADDRESSING THE BOARD OF COUNTY COMMISSIONERS AT THE MEETING, AND THE PROCEDURES FOR THE RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 17G , JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Teresa Polaski, Deputy Clerk (SEAL) Teresa l. Polaski 17G f ' To: Subject: legals@naplesnews.com Ordinance amending BCC Meeting Procedures Attachments: Ord. Amending BCC Meeting Procedures.doc; Ord. Amending BCC Meeting Procedures.dot Legals, Please advertise the following on Friday, June 1, 2007. Any questions, please contact me. Thank you ~~ c::J ~ )rd. Amending 8CC )rd. Amending BCC Meeting Pree... Meeting Proc", Teresa L. Polaski Clerk to the Boord of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.Po laski@collierclerk.com) 1 Teresa L. Polaski l?!~ From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, May 22,200710:15 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: A TT57234.txt; Ordinance amending BCC Meeting Procedures u...'..... ~ B ATT57234.txt (231 Ordinance B) ,ending 8CC Meetin! This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Ordinance amending BCC Meeting Procedures Page 1 of 1 Teresa L. Polaski 17{) From: Sent: To: Perrell, Pam [paperrell@naplesnews.comJ Tuesday, May 22,200710:34 AM Teresa L. Polaski Subject: RE: Ordinance amending BCC Meeting Procedures OK From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Tuesday, May 22, 2007 10: 15 AM Posted To: Legals - NDN Conversation: Ordinance amending BCC Meeting Procedures Subject: Ordinance amending BCC Meeting Procedures Legals, Please advertise the following on Friday, June 1, 2007. Any questions, please contact me. Thank you <<Ord. Amending BCC Meeting Procedures.doc>> <<Ord. Amending BCC Meeting Procedures.dot>> Teresa L. Polaski Clerk to the Board of County Commissioners Minutes and Records Department 239-774-8411 (T eresa.Po las ki@collierclerk.com) 5/22/2007 '-'._~"-------_._._--,.__._-,- ""-_..._,. NAPLES DAILY "\EWS Published Da1l\ Naples. FL1. i 111 Affidavit of Publication State of Florida County of Collier ~CfO~C the undersigned they serve as the au/hoflIY-, pcrsonalh dppcarcd B. Lamb. who on oath says that they . :cr.:c, as the _ Assistant C?rporalc Secretary ofth~ Naples Dailv. d d<~ly n~\'spapcr publIshed at !\I;lplcs. in Collier Coulll\'. . FlOrIda: dlstnbutcd III Collier and Lee cOHlllies or Florida: ihat the attached copy of the ad\'crllsing. being a PUBLJ(~ NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I tUlle in the issue on June 1 st, 2007 .\rliant JiJrthCf \<IVS that th..: said \;'lpks I) ',1,. \' ." . , , . r " _ _ : .", ' " ; ~ "S IS a tl':\\'SpapCI pubilshLlJ .II r-.:apks. In S;lld ColhcT COLlllty_ Florida. and thal the said 11:\\spap<:r has I1crdofore bL'<':ll !.:ontllluously puhlisll<:d in said Colli.;;I' (UUIlI~., l'l()nda~ cbslrlbukd In Culli<':T and J ,c.: cllunlics of Florida. ~'~IL:h day :md h;\., hL'<:n .:nt..::r.:d as ';(:L'()I1(.1 ;.:lass mailmatt.:r al Ih..: rust olllL''':: III :\apk~_ In S31d Colll.:r Count\-_ Florida. for a p..:riod or ] \':,If n":.\l rr<.'L',<.'dlllg thL' tiI'st puoJlcatl<'ll oflh..: att:IL'h<.'d cor' or ;I~\ ..:r1lscll1cnl. .lntl aUranl 11lI1h<:r S<l\S Ihal lh' has n<.:ilh<.:r paij 11111 rr''IlllsL'd. an~ pCrS'JI1, firm Of c:orp{'r<lth\ll ;111\ discl'lIllL n.:hak <.:omn1lssHiIl or rcfund i',lr Ihe' rllrp,)s<.' ors.:curing' this ilchcl1is':ll1<:l;t f')f puhll<.;<t[IUIl11l1h" silld 11":\\ A n------It- - ( Signature of affiant) Sworn to and subscribed before me ThiS !" . Da) of June 2007 uQ,fN)(J .;y~ic) -- FEJ 5Y-257X_'27 ,'~"'Y""'" i~;&\ifi.rY~\ :.: .*1 \:;I. ,!.I} "'1.. ~ ~.,- ,ft.",- JUDY JANES Commission DD 675029 Expires May 16, 2011 SottdodThruTroyFainll'l8'Jf8m;e8OlJ.-385-7019 Notice Is hereby given that on Tuesdav, 'June 12, ZOOT, In the Board- room ard Floor, Admin- Istrat'on. Building. Col- lier Count)!. Government Center, 33Ql East Tamia. I11l TlIlII, Naples, F1orld~ the Board of County C()mmlssloners wU1 con- sider the, enactment of a County or~, l.an. ce.. The meetin. '" '_, menee at 9:00 '.' i 11i8 title of the proDosed Or. dlnance Is as follows: AN ORDINANCE OF Tt"E BOARD OF COUN'rY COMMISSIONERS OF COLL-IERCOUN'TY, ~~\I'tE A,rd':.fl\~..D:S AMENDED AS COOl,'EO IN SEct'ON$2.36 THROUGH 2-42' OF, ,TttE CODE Of LAWS A/IQ. ClII- ~l~DAmMF,ytlS~ 6~!f b~AifEA7H3W~ THE BOARD OF~ ~~~a~~o~~,.Jn.~ ULlNG AND THE" cCNilf. ERATION OF it _.OF BUSINESS .. TKE BOARD OF UN:1Y COMMtS$IQ. SH~N T~EAGENOA, .T' '" C OURE FORAl . S NO THE BOA OF COUNTY CO_IS ION- ESS AT THE ~. INO, AND THE PR., ES FOR THE Rfe - TION OF MA, lIS ,BY THE BOASD .- Sfb'tMlSf~~N INctuUoON IN TNE CODE OF L&,S AND ORDlNA3' ~O- V1DUfG. FOR C ".LtCT ~gv~wt,b'il A~~? FECTIVE DATE. Copies, of the proposed Ordinance are on file ~t~~ fer I"Sf)eCtlon. All inter- ested parties are invited to attend and be heard. l?S NQ~ All persons wl~. .c. ,10. .::;::.~~r ~ with 1M County .0- ilY 8111' =t' ..~..aperaonfaii':a or' organlzatkm _' a11_10"",,- l#t..;".tG 5peakon.A 1Iom.- "a::::iet~itf!R ~. Board apnda pack- e,ts must submit said ~.mInfr'Iiurft'M'3 .-k3 'prior totM'''" IIl$!Ive'publlc -.. U;'lJriycase, written ma- ilfl~t:Je~d~ ~~ , a '. ..sutrnftteU to the apprqprlataCouflty staff '. mtnlmum of sev- 8;n day, prior. to the rrr. .....,r,g. All mo- . 1 used "presehta- t' ns before the Board wIM ,~'comeaA8rma- nent"o/t,olllMl.......... 'An)" person, who decld- 85 to~l ,a decision df:the::ao&rd W1I1need a tt"..2'" 01 the ~ ~~~~~e, may riftd. to ensure that a ~tlm record of the I~~~~~d lr,;c.,":. .,,--,te~~':snt,=, ~~~ .... 1 Is based. . .-, .1IARD OF CciUNTY ~lr~~uNTV , . COlmA,CHAIR- DWlGKT E. BROCK, 0l.SIl1< . 1e.,.ernereS8 Polaski, Clerk ( JUne 1 No. 1572148 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLlJ. 7 G TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered 10 the Board Onlce. The completed routing slip and original documents are to be forwarded to the Board Office only after Ihe l1o<lrd has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exception of the Chainnan's signature draw a line through routin!> lines #1 through #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in rautin2 order) 1. 2. 3. 4. Jennifer A. Belpedio Assistant County Attorney JAB 06/12/2007 5. Sue Filson, Executive Manager Board of Count v Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending 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 orhzinal documents needing the Bee Chairman's silmature are to be delivered to the BCe office onl after the BCC has acted to iJ}prove the item.) Name of Primary Staff Jennifer A. Belpedlo, Assistant County Attorney Phone Number 774-8400 Contact Agenda Date item was June 12, 2007 Agenda Item 17 G Approved by the BCC ~. Number Type of Document ORDINANCE No. 07 -~ Number of Original One (1) Attached AMENDING ORDtNANCE NO. 75-16, AS AMENDED, AS Documents Attached CODIFIED IN SECTIONS 2-36 THROUGH 2-42 OF THE CODE OF LAWS AND ORDINtINCES, REVISING AND C1.ARIFYING THE TIME, PLAn:. AND CONDUCT OF MEETINC;S OF THE BOARD OF COUNTY COMMISSIONERS. TIlE PROCEDURE FOR SCHEDULIN(; AND TIlE CONSIDERATION OF ITEMS OF BUSINESS OF TIlE HCr: ON TIlE AGENDA, TIlE PROCEDURE FOR ADDRESSING TIlE HCC AT THE MEI':nNG. AN D THE PROCEDURES FOR Till.: RECONSIDERATION OF MKlTERS BY THE HCC: PROVIDIN(; FOR INCLUSION IN TilE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFI.ICT AND SEVERABII.ITY; AND PROVIDING FOR AN EFFECTIVE DATE. INSTRUCTIONS & CHECKLIST Initial the Ves column or mark "N/A" in the Nol Applicable column, whichever is appropriate. Ves N/A(Not (Initia Applicable) i) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, JAB with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chainnan and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and JAB all other parties except the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as lhe date ofBCC approval of the document or JAB the fmal negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and JAB initials are required. 5. In most cases (some contracts are an exception). the original documenl and this routing slip should be JAB provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on June 12. 2007 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, If applicable. 176 ORDINANCE NO.: 07-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 75-16, AS AMENDED, AS CODIFIED IN SECTIONS 2-36 THROUGH 2-42 OF THE CODE OF LAWS AND ORDINANCES, REVISING AND CLARIFYING THE TIME, PLACE, AND CONDUCT OF MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS, THE PROCEDURE FOR SCHEDULING AND THE CONSIDERATION OF ITEMS OF BUSINESS OF THE BOARD OF COUNTY COMMISSIONERS ON THE AGENDA, THE PROCEDURE FOR ADDRESSING THE BOARD OF COUNTY COMMISSIONERS AT THE MEETING, AND THE PROCEDURES FOR THE RECONSIDERATION OF MATTERS BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 22, 1975, Ordinance No. 75-16 was adopted by the Board of County Commissioners to establish a time, place, and conduct of Board of County Commissioner meetings; and WHEREAS, on September 28, 1981, Ordinance No. 81-54 was adopted by the Board of County Commissioners to amend Ordinance No. 75-16 to include a procedure for scheduling and consideration of items of business at the Board of County Commission meetings; and WHEREAS, between 1981 and 1991, Ordinance No. 75-16 was amended multiple times by the Board of County Commissioners to reflect procedures as they evolved; and WHEREAS, the Board of County Commissioners has deemed it necessary to amend Ordinance No. 75-16, as amended, to reflect procedures that are consistent with the present meeting schedule of Board of County Commissioners; and WHEREAS, the Board of County Commissioners finds it necessary to amend Ordinance No. 75-16, as amended, in order to provide greater clarity of procedures; and WHEREAS, the Board of County Commissioners has determined that it is in the interest of the health, safety and welfare to adopt this amended Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section One, Paragraphs I through 5 of Ordinance No. 75-16, as amended, codified as Section 2-36 through 2-40 in the Code of Laws and Ordinances. 1. Meetings of the Board of County Commissioners: a. Regular meetings. The Board of County Commissioners shall normally hold its regular meeting at 9:00 a.m. each second and fourth Tuesday, except on a day designated as a holiday. interim recess. or as otherwise directed bv an affirmative vote of the maioritv of all Board members present. Meetings may be postponed or cancelled by Beard astioR an affirmative vote of the maioritv of all Board members Dresent. Meetings shall normally be held it! at the Collier Countv Government Center SOllRt)' sOllrthellse, East Nap1os, and shall be open to the news media and the public. Meetings may be held in other locations within the County. Page 1 of7 Words underlined are added; words struck through are deleted. 17G b. Special meetings. When the Chairman or a majority of the Board calls a special meeting, the Countv Manager or his designee shall notifv the Clerk, sflalllle notified to inform the COlll1ty Mallager, the County Attorney, and issue press releases advising representatives of the press sflalllle notified of setting the place, date and hour of the meeting and the purpose for which the meeting is called. c. Agenda. There shall be an official agenda for each meeting of the Board, which shall determine the order of business conducted at the meeting. (1) The Board shall not take action upon any matter, proposal, report or item of business not listed upon the official agenda, unless a majority of the Board present consents. (2) The County Manager shall prepare each agenda in appropriate form approved by the Board. Matters may be placed on the agenda by the County Manager, any County Commissioner, the Clerk, the County Attorney, and the constitutional officers. The agenda shall be prepared and distributed not later than four days preceding the regular meeting. (3) All requests for a continuance of an agenda item. including matters advertised for a Dublic hearing, require Board of Countv Commission aPDroval. No person shall be entitled to relv for anv reason upon anv assurances that an agenda item or public hearing will be continued. A continuance shall onlv be granted bv an affirmative vote of the maioritv of the Board members present. d. Presiding officer, election. duties. The presiding Chairman and Vice-Chairman shall be elected by a majority of the members of the Board of County Commissioners and said election shall occur at the first regularly scheduled Board meeting in January of each year. In the event that the Chairman and/or the Vice-Chairman are not reelected as eOllllty Commissioners in any given year, the Board of County Commissioners shall elect a Chairman and/or Vice- Chairman, as applicable, on the third Tuesday after the first Monday in November to temporarily serve until the first regularly scheduled Board meeting in January at which time the scheduled election shall take place. However, the Chairman and the Vice-Chairman shall serve at the pleasure of the Board. The Vice-Chairman shall preside in the absence of the Chairman. The Chairman shall become the presiding officer immediately after his or her election. The Chairman shall preserve order and decorum at all meetings. He shall state every question and announce the decision of the commission on each item of business. The majority vote of the members present shall determine all questions of order not otherwise covered. The Chairman may vote on any question, his or her name being called last. The Chairman shall sign all ordinances, resolutions and legally binding documents adopted by the Commission during his or her presence. In his or her absence, such ordinances, resolutions and legally binding documents shall be signed by the presiding officer. e. Call to order. At the hour appointed for the meeting, the Chairman shall immediately call the Board to order. In the absence of the Chairman and the Vice-Chairman, the Clerk shall determine if a quorum is present and call for election of a temporary Chairman to serve until arrival of the Chairman or Vice-Chairman. Page 2 of7 Words underlined are added; words struck through are deleted. 176 f. Quorum. A majority of the Board shall constitute a quorum. No resolution, legally binding document or motion shall be adopted by the Board without the affirmative vote of the majority of all members present. Should no quorum attend within 30 minutes after the hour appointed for the meeting, the Chairman, Vice-Chairman, or in their absence, the Clerk or his designee, may adjourn the meeting. g. Super-Majority Exception. Whenever provided by general law, special law, ordinance, or as specified by resolution adopted by a majority of the full membership of the Board, and notwithstanding subsection l.f, a motion, ordinance, legally binding document or resolution may be required to be adopted by an affirmative vote of four-fifths (4/5) of the full membership of the Board. h. Rules of debate. The following rules of debate shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. (I) Motion under consideration. When a motion is presented and seconded, it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned, and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the members present. (2) Chairman participation. The presiding Chairman may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a Commissioner by reason of being the presiding Chairman. (3) Form of address. Each member shall address only the presiding officer for recognition, shall confine himself to the question under debate, and shall avoid personalities and indecorous language. (4) Interruption. A member, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a member is called to order, he shall stop speaking until the question is determined by the presiding officer. Any member may appeal the decision of the eChairman to the Board for decision by majority vote. (5) Privilege of closing debate. The Commissioner moving for the adoption of an ordinance, resolution or other act shall have the privilege of closing debate unless otherwise directed by the chair. (6) The question. Upon the closing of debate any member may require a roll call vote. Any member may give a brief statement or file a written explanation of his or her vote. i. Minutes. The minutes of prior meetings approved by a majority of the members present shall become the official minutes. Each resolution, ordinance and legally binding document shall be signed by the presiding officer at the meeting and by the Clerk and entered in the minutes. 2. Addressing the Commission: Page 3 of7 Words underlined are added; words struck through are deleted. 176 a. If a subject is not on the agenda for a meeting of the Board of County Commissioners it may be added by motion and an affirmative vote of a majority 'fete of all Board members present that the subject should not be delayed until the next meeting. b. Any person appearing to provide the Board factual information or expert opinion to consider prior to taking official action shall be governed by the following procedure: (1) Prior to addressing the Board the speaker shall approach any podium or any other place otherwise designated bv the Board of County Commissioners for this Durpose the [roat seater of the eon[ereaee tOOle and clearly state his or her full name, home address, the name of the person or entity that he or she represents and the subject of his or her address. (2) Before providing factual information or expert opinion the speaker may ask, and any Commissioner may require the speaker to be placed under the following oath with right hand upraised: "I willfully swear under oath the facts and testimony I furnish this Board to be the truth, the whole truth and nothing but the truth, and not inconsistent or contradictory with other statements made by me under oath." No person shall be required to take this oath more than once in any given day, but shall be reminded he is under oath before again addressing the Board. Each commissioner, staff memBer and eOlmty employee shall take the oath one time and be considered under oath during the term of his office. Those asking questions or desiring to comment on a matter before the Board shall not be required to take the oath. Any Commissioner may at any time request such a speaker to take the above oath. (3) Each person shall limit his address to five three minutes unless granted additional time by the Chairman or bv an affirmative vote of the majority 'fete of the Board members present. All remarks shall be to the Board as a body and not to any individual member. No person other than a Commissioner shall discuss directly or through a Commissioner, without authorization of the presiding officer. (4) Any person making impertinent or slanderous remarks or who becomes boisterous shall be instructed to remain silent by the presiding officer, until permission to continue is granted. 3. Sergeant-at-arms: The County sheriff, or his deputy, shall be the sergeant-at-arms at meetings of the Board of County Commissioners and shall carry out all orders of the Chairman to maintain order and decorum. 4. Action to be taken by resolution, ordinance or motion: Each action of the Board of County Commissioners shall be taken by resolution, ordinance or legally binding document approved as to form by the County Attorney, except approval of administrative matters may be by motion adopted and recorded in the minutes. 5. Adjournment: Page 4 of7 Words underlined are added; words struck through are deleted. 176 A motion to adjourn shall always be in order and decided without debate. SECTION TWO: Amendment tG SectiGn One, Paragraphs 6 and 7 €If Ordinance NG. 75-16, as amended, cGdified as SectiGn 2-41 and 2-42 in the CGde €If Laws and Ordinances. 6. Reconsideration of matters generally: a. Any matter which has been voted upon by the Board of County Commissioners may be reconsidered as follows: (I) By a motion to reconsider made by a member who voted with the majority if such motion is made prior to the adjournment of the meeting at which the matter was voted upon. but on1v in accordance with subparagraphs Id) and Ie) ofthis subsection. (2) By a motion to reconsider made by a member who voted with the majority if such motion is made at a regular meeting sllbseqllent to following the meeting at which the matter was voted upon, but only in accordance with the procedllres set forth iR subparagraphs (b) through (e) of this section. b. Where a member wishes the Board to reconsider a matter after the adjournment of the meeting at which it was voted on, the member shall deliver to the County Manager a written memorandum stating that the member intends to introduce a motion to reconsider. The memorandum shall state the date of the regular meeting at which the member intends to introduce such motion, and shall be delivered to the County Manager at least six days prior to such meeting. The purpose of this requirement is to allow the staff to advise the Board of the legal or other ramifications of reconsideration. o. UpeR adoption of a metioR to recoRsiaer, the COIlRty MaRager shall place the item OR the ageRaa for the secoRa reglllar meetiRg followiRg the meetiRg at which the motioR was aaeptea. d.c. No motion to reconsider shall be made RO more anv later than 30 days the second regular Board meeting following the Board's vote on the matter sought to be reconsidered. d. Upon adoption of a motion to reconsider. the Countv Manager shall place the item on an agenda not later than the second regular Commission meeting following the meeting at which the motion for reconsideration was adopted. e. This section shall apply to any matters which may lawfully be reconsidered except those matters which are covered by Paragraph 7 below. 7. Reconsideration ofland use matters zORiRg, and compreheRsi';e plan reqllests: a. Applicability. This section applies as follo\vs: fB To situations Any matter in which the Board of County Commissioners or Board of Zoning Appeals. as the case mav be. has denied a request to change the land use designation of a parcel of land. a request for site specific rezone initiated bv a petitioner or his or her agent. variance. conditional use. license. permit or other land use-related request. pursuaRt to the comprehensi'ie hllld use plan or where the Boar.a of CeuRty Commissioners has aeniea a proposed petition to change the zoning classification on a parcel €If l!llla. }\ reEtllest fQr recoflsideration may be made oRly by the petitioner. (2) To all situations in \'ihich the Board of COllRty Commissioners, actiRg in a quaai jllaicial capacity, has deRiea a liceHse, peffilit, or other appro';al. Page 5 of7 Words underlined are added; words struck through are deleted. 17G b. Request for Reconsideration by Petitioner. A request for reconsideration may be made only by the petitioner. The petitioner shaH may request reconsideration of a petition in writing to the County Manager no later than withffi 15 days ef-from the date of the Board's action denying the original petition. This request shall be jurisdictional, and no motion for reconsideration may be made by any member of the Board where such a request was untimely e)[eept as provided ia slIBseetioa (i) eftl1is seetion. c. Motion for reconsideration by a Board member who voted in the ma;ority. Any member of the Board who voted with the majority (or in the case ofa rezoning or change in land use designation, voted against) on the original action or petition may move for a reconsideration of the action or petition at any regular meeting of the Board within 15 days of the date of the request for reconsideration. If no regular meeting of the Board occurs within 15 davs of the request for reconsideration. the Board member may move for a reconsideration of the action or Detition no later than the first meeting of the Board that follows the Countv Manager's receipt of the request for consideration. This motion shall be made during that portion of the Board's agenda entitled "Board of County Commissioners' Report." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain tipon which the action or petition will be reconsidered, but in no event shall such reconsideration take place less than 14 days nor more than W 45 days from the date the motion to reconsider is adopted. d. Action on motion for reconsideration. The Board shall either act on the motion for reconsideration at the meeting at which such motion is made or may table the motion for no longer than the next regular meeting of the Board. If the motion is not finally acted upon by the adjournment of the next regular meeting of the Board after the motion has been made, it shall be deemed to have been denied. e. Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the County Manager shall schedule the petition on the agenda for the regular Board meeting which was specified in the motion for reconsideration, or if no date is specified then on the feUfth second regular Board meeting following the meeting at which the motion is granted. f. No hearing or debate on motion for reconsideration. A motion for reconsideration shall not require public hearing, and neither the petitioner nor any other person shall have the right to address the Board considering the merits of such a motion. However, the Board may request information of the petitioner, the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person from debating the merits of the petition prior to its full consideration at a regularly scheduled Board meeting where the petition is reconsidered. g. [Procedures outlined. ] The procedures outlined herein shall not constitute an administrative remedy, and the defense of failure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition. The time period for seeking judicial relief following denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the Board votes on such matter, and a motion hereunder shall not alter such time period. Page 60f7 Words underlined are added; words struck through are deleted. 176 h. [Initial vote. ] Where the initial vote was made after an advertised public hearing, any reconsideration of such vote shall comply with all advertisement and notice provisions that were legally required for the initial public hearing. i. ReC8;ISidel'8li81l of pcliti8;W !'CCCllt!).' dellicd. ill reeegnition of tHe fact tHat several petitisns fur WHiCH tHis section woa1d ae IlflplicaIJle ha'.'e recently aeen denied ay tHe Board, and in recognition ef tile fact tllat tile recsnsideratisn sf some of tllese petitions may ae meritorieas and in tile plialic interest, it is Ilereay deelared tllat tile pnwisiens ofsaBsection (b) efthis section are Ilereay wai'ies for an)' petitiens otllerwise entitles te reconsideration wllich have aeen denied a)' tile Beard sabseqllent to May 1, 1981, and prier to Octeaer 8, 1981. In liell of the reqllirements of sllBseetion (a), petitisners who are other\'.ise eligible for reconsideration may reqllest reconsideration in writing ne later than 15 days follswing September 29, 1981. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. Ifany phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 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 re-lettered 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 take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this (l day of J /o't~ ,2007. BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY FLORIDA , By: Jam s N. Coletta, Chairman Approved as to form and legal sufficiency: Jenni er A. Belpedi Assistant County Att Page 7 of7 Words underlined are added; words struck through are deleted. 176 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-50 Which was adopted by the Board of County Commissioners on the 12th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2007. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners Chu., M~ 0.( . By: Ann Jennejohn, Deputy Clerk