Backup Documents 01/20/1998 RBCC REGULAR MEETING OF
JANUARY 20, 1998
NapLes 0atly Nays
Naples, FL 33940
Affidavit of Publication Naples Dally Nays
BOARD Of COUNTY COMMISSIONERS
ATTN: NAtlCY SALO~UB
PO BOX ~13016
HAPLES FL 34101-3016
REFERENCE: 001230 800440
57625220 UOT[CE OF PUBLIC ~EE
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she lerve~
as the Assistant Corporate Secretary of the Nap[es
Daily News, a daily neuspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising ~as published in laid
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a new~paper 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 Haptes, in said
Collier County, Florida, for a period of I 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 ¢oporatton any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED OU: 01/18
AO SPACE: 52.000 IUCH
FILED Off: 01/19/98
Signature of Affiant ' '
Sworn to and Subscribed before me this 1~-'~
NOTICE OI~
pLl~L lC MEET)NO
BOARD OF COUNT Y
COMMISSIONERS,
COLLIER COUNTY,
FLOR~OA
Tuesda~ J,O~-~ar¥ 20,19~
N~e I$ h~ebv
~hkd F~ of
Ji~ BuJldl~ (Bulmdl~
II~ C~,
,t~ed time o~
~ ovoll~le to
~l~d ~ ~ ~(JCe Of
~ ~ tt~.
~)l ~d wUI ~eed
ln)ng ~ereto~ ond
c1~s ~e tesfl~v
RD O~ COUNTY
COLLIER COUNTY~
FLO~A
BARBARA 8, BERRY,
CHAIR~N
DWIGHT E, BROCK~
CLERK
· ";';?"% JOYCE E. BLAT_JER
?/.>..:..,. ~d110. 1~8
January 20, 1998
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
January 20, 1998
9:00 A.M.
NOTICE: ALL PERSONS W"fSHING TO SPF2%K ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO S£~EAKING.
REQUESTS qY) ADDRESS ~tE. BOARD ON SI/BJECTS WqIIC}I ARE NOT ON ~IIS
AGP/NDA MUST BE SUBMIT~E~D IN WRITING WI~I EXPLANATION TO ~
COUNR"f ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO ~[E DATE OF ~tE
MEETING AN]) WILL BE ]rEARD UNDER "PUBLIC PETITIONS".
ANY PERSON W~IO DECIDES TO APPEAL A DECISION OF ~IIS BOARD WILL
NEED A RECORD OF T~[E PROCEEDINGS PERTAINING ~rERETO, AND
T~f~q/EFORE MAY NEED TO ENSIIR~ T~[AT A VERBATI~ RECORD OF
PROCEEDINGS IS MADE, W]IICqI RECORD INCLUDES Rq[E TESTIMONY AND
EVIDENCE UPON WqIICqI ~IE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LTMITED TO F/VE (5)
MINIYI'ES UNLESS PEPJ4ISSION FOR ADDITIONAL TIME IS GRANTED BY THE
CI blI RMAN.
ASSISTED LISTENING DEVICES FOR T~IE }IEARIIqG I'M]?AIRED ARE
AVAII2%BLE IN ~[E COUNTY COM~ISSIONERS' OFFICE.
LUNCH RECESS SC~IEDULED FOR 12:00 NOON TO 1:00 P.M.
INVOCATION - Dr. Jay Abernathy, Unitarian Universalist CongreGation
2. PLEDGE OF ALLI-iGI3%NCE
APPR0VAI, OF AG?~rDA ~ CONSFJ~TAGENDA
Approved and/or Adopted with changes - 4/0 (Commissioner
Constantine out)
AGenda amended - 5/0
4. APPROVAJ~ OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCI~%MATIONS
B. SERVICE AWARDS
Presented
1)
Jodi Morelock - Domestic Animal Services - 20 years
Absent
Pa~e 1
January 20, 1998
2) I,larjorie Student - County Attorney's Office - 10 years
C. PRESF2NTATIONS
6. APPROVAL OF CI,P~K'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PL~FITIONS
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVEI~PMENT & F2qVIRO~AL SER%rICES
1) Reco~unendation to adopt a corrective resolution to
Resolution 97-431 establishing general requirements and
proce<]ure~; for amending the Collier County Growth ~4anagement
Plan.
Res. 98-18 - Adopted 5/0
Continued two weeks
2) Co~unity Development and Environmental Services Division
staff report on commercial vehicle and commercial equipment
sections of the Land Development Code.
Continued two weeks
Added:
3) Determination of whether owners of seven improved parcels
located in Sec. 16, T49S, R34E a/k/a Big Cypress Sanctuary must
acquire building permits, ACSC/ST site alteration/development
plan approvals, and pay applicable fees commensurate with these
permits including, but not limited to, impact fees.
Code ~tforcement Board to hold hearings to settle the issue
based on certain conditions and stipulations and bring back
recommendations to the BCC on the consent agenda - 3/2
(Commissioners Berry and Mac'Kie opposed)
4) Permit for Im~okalee Circus.
CP-98-1 - Approved 5/0
B. PUBLIC WORKS
C. PUBLIC SERVICES
D. SUPPORT SERVICES
1) A resolution in opposition to proposed changes to the
Florida Negligence Statute as proposed by the Constitutional
Revision Commission.
Res. 98-19 - Adopted 5/0
E. COUIFI"f ADMINISTRATOR
Page 2
January 20, 1998
F. AIRPORT AUqq[ORITY
9. COUNTY A~IX]RNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Golden Gate Community Center
Advisory Committee.
Res. 98-20 Re-appointing Nancy McLean and appointing Ernie
Bretzm,~nn - Adopted 5/0
B. Appointment of member to City/County Beach Renournishment
14aintenance Committee.
Res. 98-21 Appointing Kenneth H. Dunne - Adopted 5/0
Added:
C. Discussion regarding a board workshop to consider Collier
County's role in the provision of fire services.
To be placed on future agenda
Added:
D. Discussion regarding Readvertising for Bayshore MSTU Advisory
Board.
To be readvertised and ordinance to be amended regarding
property owners
Added:
E. Discussion regarding the Im~okalee Jall Facility Design
Discussed
11. (YlT~R CONSTI'~3q'~ON~J, OFFICERS
FUBLIC COMMENT ON GE]gERAL TOPICS
A. Ty Agostin re Immokalee Jail Design
B. Discussion re Tamiami Trail Advocacy Group Meeting
PI~LIC ILEARINGS WILL BE ]~ARD IMMEDIATELY FOLI~WING STAFF ITEMS
12. ADVERTISED PUBLIC IfEARINGS - BCC
A. COMPR/~{ENSIVE PLAN AM~gI]~]KNTS
B. ZONING A3~F~N~S
C0 O~R
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC ~RINGS
Page 3
January 20, 1998
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIO~RS' COMMUNICATIONS
A. Historical Society to tentatively hold a Luncheon on 2/17/98
16. CONSF/J~T AGS~DA - Ail 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 con~idered separately.
Approved and/or Adopted with changes - 4/0 (Commissioner
Constantine out)
A. COMMUNITY DEVEJ~UMENT & F~NVIRO~AL SERVICES
1) Approval for recording the final plat of "Arbor Lakes,
condominium".
2) Approval of Excavation Permit N o. 59.626 Yhovanni Otero
e×ca'.'ation located in Sec. 9, T48~h R28E, bounded on the north
bp' ';agent land, on the east by 40 Street NE R/W, on the south
by ,;7~ Avenue NE R/W, and on the west by a vacant lot.
w/stipulations as detailed in the Executive Summary
B. PUBLIC WORKS
i) Adjust Water Management CIP Budget (Fund 325) to reflect
additional revisions in Capital Program.
C. PUBLIC SERVICES
1) Approval of a continuation grant for Federal Older
~merican's Act funding.
D. SUPIK)RT SERVICES
1) Appro':al of Modification #1 to the Statewide Mutual Aid
Agreement
Between Collier County, various other Florida Counties and
Municipalfties, along with the Department of Community Affairs,
Division of ~nergency Management
E. COUAFI~f ADMINISTRATOR
1) Approval of a lease agreement (and short form lease
agreement) between Collier County and Primeco Personal
Communications.
F. BOARD OF COUNTY COMMISSIONERS
Page 4
January 20, 1998
Go MI SC ErJ2%NE, OUS CORRES PONDL~qCE
1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED.
H. Oqq[ER CONSTITUTIONAL OFFICERS
I. COLrN'I~Y Aq~I'ORNE"f
J. AIRPORT AUTIIORITY
17. ADJOURN
INQUIRIES CONCERNING C7{ANGES TO THE BOARD'S AGENDA SIIOD-LD BE MADE
'[~) TIlE COUN"I%' ADMINIS771ATOR'S OFFICE AT 774-8383.
Page 5
AGENDA CIIANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
JANUARY 20~ 1998
ADD: ITEM 10(C)-DISCUSSIONREGARDINGABOARDWORKSIIOPTO
CONSIDER C()IA.,IER COUNTY'S ROLE IN TIlE PROVISION OF FIRE SERVICES.
RESOLUTION 98-
A RESOLUTION AMENDING PARAGRAPH A.4
OF RESOLUTION 97-431 .ESTABLISHING GENERAL
REQUIREMENTS AND PROCEDURES FOR
AMENDING THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN BY CORRECTING A
SCRIVENOR'S ERROR IN THE DATE FOR SUBMISSION
OF APPLICATIONS.
WHEREAS, the Board of County Commissioners adopted Resolution
97-431 pertaining to the Procedures for Amending the Collier County Growth
Management Plan on November 4, 1997;
WHEREAS, following said action adopting Resolution 97-431, staff was advised
that two different dates had been made for submission of the Plan Amendments and
constilutes a scdvenor's error.
NOW. THEREFORE BE IT RESOLVED by The Board Of County
Commissioners Of Collier County, Florida, that Paragraph A.4 of Resolution Number
97-431 is hereby amended to read as follows:
4. Ail required copies of the application to amend the Collier County
Growth Management Plan and supporting documentation along with
the required filing fee for each requested change and/or amendmenl
must be submitted to the Community Development and
Environmental Services Division prior to 5:00 p.m. of the fourth
Friday in March Apri!. For each application to amend the Collier
County Growth Management Plan or Future Land Use Map, a
minimum filing fee of S3,000 for each requested change plus a fee of
$30 per acre for each affected acre in the application must be
submitted. For Small Scale Development Activities, a filing fee of
$1,500 shall be submitted. The term 'staff" shall refer to the staff of
the Community Development and Environmental Services Division
and any other pertinent County staff from other Divisions.
THIS RESOLUTION ADOPTED after motion, second and majority vote this
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E BROCK, Clerk COLLIER COUNTY, FLORIDA
Approved ns Io form and legal
sufficiency:
M~,~JO~IE ~. STUDENTi
Assislant Counly Altomey
WorOs struc, k~hro~gh are deleted; words ~nqedin~q are added
Permit No. 98-I
8 A
PERMIT FOR CARNIVAL EXHIBITION
STATE OF FLORIDA :
COUNTY OF COLLIER:
WHEREAS. Cinco de Mayo, has made application to the Board of
County Commissioners of Collier County, Florida, for a permit to
conduct a cnrnival or exhibition; and
WHEREAS, Cinco de Mayo, has presented to the Board sufficient
evidence that all criteria for the issuance of a permit to conduct a
carnival or exhibition as set forth in Chapter 10, Article II,
Amusements and Entertainments, of the Collier County Code have been
satisfied and that such carnival or exhibition will be conducted
according Go the lawful requirements and conditions; and
WHEREAS, said Cinco de Mayo, has requested waivers of the Surety
Bond, Carnival Fee and Occupational License; and
NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Cinco de Mayo to
conduct a carnival or exhibition on January 24 and 25, 1998, in
accordance with the terms and conditions set forth is the petitioner's
application and ali related documents, attached hereto and incorporated
herein for the following described property:
(See attached Exhibit "A")
WITNESS my hand as Chairman of said Board and Seal of said County,
attested by the Clerk of Courts in and for said County this ~o~c~.
day of _~~c__, 1998.
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
Legal Sufficiency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS:
COLLIER COUNTY, FLORIDA:
BA]~B.-AR~ B.-BERRY, Ckirm~a~---
tlr;...'/... ........ ..:......: ;:. ;,!..,.,.:_.:; ........ ~.,.':.4;.:',....¢;w, .............. :~-:-. ......... . .-'~...',' ' ~.: .::; i:;.:T.7'."', r'..'
CSSI-RESD . . · ... ~ROi~EI~TY ~NQUIRY ::~L' _._ . ,. , 01/21/97
01 Folio Number: 51190040000 ' ',.~u~_..=~-...~ .02~--S~trap'Number: 097100'
03 Physical Loc: Street- '. ..... -~-..~.~Type~Ordln-..~.No~097100.~.~
04 Millage Area: 5 Fire District: I~O~LEE FIRE DISTRICT
05 Subdiv/Condo: I~O~LEE , '' Block-' A Lot- 1
06 Sec/T~/Rng : 3 47 29 '07"Pa~cel'Split?~
0'8 Total'Acres : 2.7S 09 Parent Parcel: 0
10 Last Sale : 03/~8/95 ~oun%: %'P%q~:%'~?':'O' OR'' Book: 2,036 Pg: 1,539
'10vner Name : GRI~LDO, ~LO=& ~GUSTIN~'~,*.":~" AS~[SSED V~S
- -
O~er Addr. : 924 ~IRI~ DR .... :"~,*'";-' Prey Improv: 0
' : "'.'''~'%~'~'LPrev Taxabl: -~'- .120,0~0
:
city/St./Zip: I~O~EZ ~L .... 339340000 Update Date: 12/20/95
Screen Enter Change Delete Find Help '~.'Updat ~ Exit
CSSI-RESD PROPERTY INQUIRY
01 Folio Number: 51190040000 02 Strap Number : 097100
03 Physical Loc: Street- Type- Ordin- No-097100
04 Millage Area: S Fire District: IMMOKALEE FIRE DISTRICT
o~12~1~
05 Subdiv/condo: I~MOKALEE
Block- A Lot-
LINE LEGAL DESCRIPTION LINE LE~L.DESCRIPTION
01 IM/~OKALEE SUB BLK A LOTS 1-16
02 OR 2036 PG 1539
Screen Enter Change Delete Find Help -~ Update ' Exit
__. Exh[b~[ "A"
~s ~: c~ O:~i~c:e rio. 82-2 cf the Count'/o: ~ll;er,
)l
~ EXH)B T I
3'0 Whom It May Concern, 1/I g/gg
The lbllowing is regards lo the usc ofour property tbr a circus that is coming
to Immokalcc on Jm~. 23rd ~d 24[h of 199g. 'l~is circus is being sponsored
by thc Cinco Dc Mayo ~s a fired raiser for scholarships. As a properly owner
Pablo and Aguslina Grimaldo hcrby grant ~ an in-kind contribut[on the use
ol'our propc~y tbr this event. Should you need moro inlbmmlion please t~cl
to contact our place ot' business La Favorita llakc~ at 657-2992.
'Thank You,
Pablo and Agustina Grimaldo
PR(X~EA
RICHARD A. BROOKS AND ASSOCIATES,
1338 PARK AVE.
RIVER FOREST, IL. 60305
7O8 771 3553
LTD.
THIS CERTIFICA?E IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS uPorl THE CERTIFICA?E
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
IVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
CO~'NW AIG-' LEXINGTON INSURANCE COMPANY
B
CO~'ANY
C
INSURE~)
FRANZEN BROS. CIRCUS
P.O. BOX 1005
WEBSTER. FL 33597
THiS IS ]O CERTIFY THAT THE POLICIES Of: INSURANCE LIS]ED BELOW HAVE BEEN ISSUED TO 3'HE INSURED HAMED AOOVE FOR THE POLICY PER!OD
INDICATEO. NOT WITHSTAHOING A~'rY REQU1REME~'¢o TERM OR CONDITION OF ANY CONTRACT Oft O rHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TItE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS A~'lO CONDITIOtiS OF St)CH POt. ICIESt LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
AU TOMOO~LE LIA BIU T¥
ANY AUlD
ALL O~£0 AUTOS
SCH[ ~[ D A~OS
H~EO AUTOS
N~EO AUTOS
GARAGE L~B1LrTY
A~¢¢ AUTO
EXCE~E LIA SILl I~(
UM~ ~ELt~ FORM
OTHER T)~AN UMBRELt~ room
WORKC. R':) COUPEH~ATIOH AHO
E ¥ P LCn'I'.R I' LLABlU FY
THE PROPRIETOR/
PARTNI:'RS/~XECUI ~
OriFICE R5 ARE
SHOW DATES:
,...., /
POticY ~JYBIR
SL GL 282 8366
·ICL
EXCL [
7-31.97
DESCRIPTION OF OPER~ON$/LOCAT1OH/~VEHICLE~/$PECIAL ITEMS
ADDFrlONAL INSURED IN REGARD TO THE OPERATIONS OF THE NAMED INSURED:
pO[ICY
DATE
7-31.98
LIMITS
GE HER/L AGGtt(GAT E
Ptq~ IC ! S · C O~P.,OP AC~3
PERSO~L
[&CH ~CURRL NeE
FIRE DA~ (Anf
M[O EXP
(PM ~)
AUTO O~Y
EACH ACC~[NT
AG~R~GA~
~CH ~CU~RE~E
AGGREGATE
STATUTORY
~Cff ACC~EN~
DISEASE · POLICY L~IT
DISEASE · EACH EMPLOYEE
10,000,O_gO.
1 ~000,000. _
,ooo,.ogg._ ..
1,00_O,O_gO.
IHOULD ANY OF I~1[ AIOVE DESCRIBED POUCIE$ BE CANCELLED DEIRDRE THE
EXPIRATION DATE ~EREO~, ~E ISSUING COMPA~ ~LL ENO~VOR TO MAIL
~30, DAY~ ~N NO~CE TO ~E CER~FICATE HOLDER NAMED ~ ~E LEIrT.
CUt FA~UR[ TO MAIL IUCH NO~CE IHALL IMPOSE NO OBLIGA~ON OR LIAS~LI~
OF A~ KIND UPON ~E COMPAq, ITS AGENTS OR REPRESENTA~ES.
~TA~E
~J~ Copy:
CAR/~IVA~, OP..ERATION PETITION
Zoning D1rector
Potitioner
(2) County Manage~
~ROPERTY OWNER'S ADDRESS:
LF_~A.L DESCRIPTION OF SUSJECT PROPERTY:
G~IERAL I~CATION:
CUP~ENT ZONING:
NATURE OF PETITION:
THE FOLLOWING /~;FORMATION IS INCLUDED IN THIS PETITION.
TION, SEE REVE]LSE SIDE.)
3.a. / 3 .e.1) 3.e.4) 3.e.7)
(FOR EXPLANA-
3,b, 3.e.2) 3.e,5) 3.e.8)
3.c. 3.e.3) 3.e.6) 3.e.9)
DATE REVIEWED by Board of County Commissioners:
Approved: Disapproved:
Conditions of Approval:
SIGNATURE OF COUNTY
}tubber of food and ~v~age boo~ ~ :~
~stimnted n~ber of attender~ expected at the event at one time~ ~O
Number of toilets to be provided:
Portable: Male (~) Female
Permanent: Male ( ) Female
Mathod of toilet waste disposal: _US4~T~ ¢~o~PA~3¥
Describe method of 1/quid kitchen ~a=te disposal:
Describe containers and method of ~olid waste disposal (garbage):
NumSber of solid waste disposal containers provided: ..... {
Describe facilitiea and method or hand wa~-htng:
Describe facilities and method of utensil washing, rinsing and
sanitizing:
Source of potable Mater:
For information and assistance contact:
Environmental Health & Engineering Department (813) 643-~499.
s A
As ~o ~po~or of th{~ ~ent yo~ ~ /e~ponffbl~ to not~fy all food
~endors of the temporary fo~ ~ervice re~ir%ment~. Failure to comply.
may subject ~ ~booths to be closed for public health reasons. Do you
~dur~tand thiz ~completely?
Yes ~ ~.~ No
I ce~ify th2t~ to the best of my knowledge and belief all of the
statements contained herein and on any attac~ents are t~e, co~ect,
complete, ~nd mnde in goo~ faith. I understand that these re~latton~
include fo~ intended for service to ~e public regardless of ~hether
there i~ a charge for the fo~. I a~ee to as~e responsibility for
this event and cedi fy ~at said business will be c~ducted in
compliance ~ith the Florida A~inistrative Code, Chapter 1OD-13.
-
8 D 1
RESOLUTION NO, 98- 19
A RESOLUTION OPPOSING FLORIDA CONSTITUTIONAL REVISION
COMMISSION COMMITTEE PROPOSALS 59 AND 77 WIIICII WILL ABOLISH
OR INCREASE TIlE SOVEREIGN IMMUNITY CAPS SET FORTII IN SECTION
768.28. FLORIDA STATUTES.
' BA~ARA' B. B~RR'~CIi?~BgMAxN--.~'~
ATTEST: i '~
DWIGHT E. BROCK, CLERK
/ D~uIy 0erk ~', '
~ ~. ,
Approved as to form and legal sufficiency:
~amiro Mafialic~. ~'
Chief Assist~t Count)' Attorney
~ WIIEREAS, Section 768.28, Florida Stalutes, provides Ihat neither thc Slale nor its agencies or subdivisions shall
be liable, to pay a claim or a judgment in any tort action by any person which exceeds the snm of $100.000 or an',' claim or
judgment, or portions thereof, which when totaled with all other claims or judgments arising out of the same incident or
occurrence exceed~i the sum of $2C'X),000: and
' WHEREAS, Collier County, as a "deep pocket" and frequenl target of Iort litigation, enjoys Ihe protections of
these sovereign immunily limitations: and
~ WHEREAS. the Constitutional Revision Commission's Committee on Declaration of Rights passed Proposal 77
which eliminates sovereign immunity wRh the cxeeplion of punitive damages: and
WHEREAS, the Constitutional Revision Commission's Committee on the Judiciary passed Proposal 59 tn
recommend an increase in the sovereign immunity caps to $250,000 per person and $500,000 per occurrence: provides for
an annual Consumer Price Index increase: allows for the recovery of attorney's fees beyond the sovereign immunity caps;
and creates a presumption of bad faith regarding judgments that arc not paid in a timely m~nner: and
WHEREAS. the Florida Association of Counties has expressed its opposition to these proposals as being
extremely harmful to county governments: and
~ WHEREAS. the adoption of either of these proposals will result in higher costs to taxpayers due to anticipated
increases in d~e costs of insurance and the amount and costs of litigation: and
:. WIIEREA$. ,t is in the best interests of the citizens of Collier County to oppose such increased costs.
NOW. TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY. FLORIDA that: thc Board hereby approves this resolution in opposition to Proposals 77 and $9 and urges the
Constitutional Revision Commission to rejecl these proposals.
~Thls Resolution adopted after motion, second and majority vote favoring same this ~_~'day of)anuary
RESOI,UTION NO. 98-20
~ A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO
TIIE GOI,DEN GATE COMMUNITY CENTER ADVISORY COMMITTEE.
WIIEREAS. Collier County Ordinance No. 75-4 created the Golden Gate Municipal Scr'.'iccs
Special Taxing District and provides that the Board of County Commissioners shall appoint a
commlttce 0fthrcc to five electors residing within the district to serve on the Committee; and
WIIEREAS. there arc currently three (2) vacancies on th~s committee; and
WI1EREAS. thc Board of County Commissioners previously provided public notice
soliciting applicati(ms from interested parties to fill the vacanl terms;
NOW. TI[EREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that:
I. Emie Brcl/mann is hereby appointed to the Golden Gate Community Center Advisory
Committee for a two year term, said term Io expire on December 31, 1999.
2, Nancy Mci,can is hereby reappointed to the Golden Gale Community Center Advisory
Committee for a two year term, said lerm lo expire on December 31, 1999.
This Resolution adopted after motion, second and majority vote.
DATED: January 20, 1997
ATTEST:
DW[GI IT E. BROCK, Clerk
Approvcd'as lo fc, nn and
legal sufficiency:
County Attorney
DCW/kn 5
BOARD OF COUNTY COMM'ISSIONERS
COLLIER COUNTY, FLORIDA
RESOI,UTION NO. 98-21
10B
RESOI.UTION APPOINTING KENNETII il. DUNNE TO TIlE
CITY/COUNTY BEACIi RENOURISIIMENT/MAINTENANCE COMMITTEE.
WIIEREAS. City o£ Naples adopted Resolution No. 91-6295 creating the Beach
Renourishmcnt/Maintcnancc Committee to provide reports and recommendations to the Board of
County Commissio~ers concerning plans, priorities, and economic means to preserve the beach,
provide beach rcnourisbmcnt, maintenance, and improved storm protection o£ beaches in Naples and
the unincorporated area of Collier County; and
WttEREAS. City Resolution No. 93-6853 amended City Resolution No. 91-6295 by increasing
tl~e number of members appoinled by the Board of County Commissioners from (1) one member to
(5) members;
WIIEREAS. fl~c Board of County Commissioners of Collier Counly adopted Resolution No. 92-
656, recognizing tl~e City of Naples' Beach Renourishment/Maintcnance Committee as a lecbn[cal
advisory commillc¢ to forn~ally advise thc Board of County Commissioners and the City of Naples;
and
WttEREAS. there is currently a vacancy on this Committee; and
WHEREAS, thc Board of County Commissioners previously provided public notice soliciting
,,pplications from interested parties.
NOW, TIIEREFORE, BE IT RESOLVED BY TIrE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA. that Kenneth Il. Dunne is hereby appointed to the City/County
Rcnourisbmcnt/*luimenancc Committee for a lhrce year term, said Icrm to expire on February 28.
2001.
Tbls Resolution adopted after motion, second and majority vote.
DATED: Janu;,D' 20. 1998
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIG}tT E. BROCK. CLERK COLLIER COUNTY, FLORIDA
BAR~3ARX B. [~ER"~¥. CH,X4k-~
Approved as to form and
legal sufficiency:
David C. Wcigcl
County Attorney
DCW,'kn
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Rate Agreement No. OAA 203.96
RATE AGREEMENT
TIIIS CONTRACT is entered into between thc Area Agency on Aging for Southwest Florida, Inc.,
hereinafter rcfcrred to as thc "agency", and thc Collier County Services for Scniors, hcrcinaftcr referred
to as the "provider",
The parties agree:
I. Provider Agree.s:
A. Services to be Provided:
Thc Service Provider Application of Collier County Services for Seniors for 1998, and
any revisions thereto approved by the agency, are incorporated by reference by this rate
agreement between the agency and the provider and prescribe the manner in which the
provider will meet the req,iremcnts of the Older Americans Act of 1965, as amended.
Manner of Service Provision:
The services will be provided in a manner consistent with and described in the 1998
Service Provider Application of Collier County Services for Seniors and the Department
of Elder Affairs Programs Management Manual, and ATTACtlMENT VI. In the event
these manuals are revised, the rate agreement will incorporate any such revision and the
provider will be given a copy of the revisions.
C. Federal I.~ws and Regulations:
o
Thc provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR,
Parl 92, and other applicable regulations.
Thc provider shall comply with all applicable standards, orders, or regulations
issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) ct
sext.), Section 508 of the Clean Water Act, as amended ('33 U.S.C. 1368 et seq.),
Executive Order 11738, and Environmental Protection Agency regulation (40 CFR
Part 15). The provider shall report any violations of the above to the agency.
Thc provider must, prior to rate agreement execution, complete the Certification
Regarding Lobbying form, ATTACIIMENT I. If a Disclosure of Lobbying
Activities form, Standard Form LLL, is required, it may be obtained from the
agency. All disclosure forms as required by the Certification Regarding Lobbying
form must be completed and returned to the agone7.
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Rate Agreement No.Qj~A 203.98
Thc provider must, prior to rate agreement execution, complete thc Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Rate
agreements/Subcontracts, ATTACIIMENT II.
o
The provider shall comply with the provisions of the U.S. Agency of Labor,
Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part
1910.1030.
Civil Rights Certification:
The provider gives this assurance in consideration of and for the purpose of obtaining
federal gmnls, loans, rate agreements (except rate agreements of insurance or guaranty),
proper~y, discount.s, or other fe~lcral financial assistance to programs or activities receiving
or benefitting from federal financial assistance. The provider agrees to complete the Civil
Rights Compliance Questionnaire, DOEA forms I01 A and B, if services are provided to
clients and if Il ftecn (15) or more persons are employed.
The Provider assures it will comply with:
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq.,
which prohibits discrimination on the basis of race, color, or national origin in
programs and activities receiving or benefitting from federal financial assistance.
Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which
prohibits discrimination on the basis of handicap in programs and activities
receiving or benefitting from federal financial assistance.
3. Title IX of the -Education Amendments of 1972, as amended, 20 U.S.C. 1681 et
i seq., which prohibits discrimination on the basis of sex in education programs and
~. activities receiving or benefitting from federal financial assistance.
4. :~ The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which
prohibits discrimination on the basis of age in programs or activities receiving or
benefitting from federal financial assistance.
o
Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42
U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color,
national origin, sex, handicap, political affiliation or beliefs in programs and
activities receiving or benefitting from federal financial assistance.
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Rate Agreement
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No.Q~A 203.98
Thc Americans with Disabilities Act of 1990, 42 USC 12101, ct. seq., which
prohibits discrimination against, and provides equal opportunities for individuals
with disabilities, in employment, public services, and public accommodations.
All regt,lations, guidelines, and standards as are now or may be lawfully adopted
pursuant to the above statutes.
8. Thc provider shall establish procedures to handle complaints of discrimination
i involving services or benefits through this rate agreement. The provider shall
advi.~ clients, employees, and participants of the fight to file a complaint, the right
to appeal a denial or exclusion from the services or benefits from this rate
agreement, and their right to a fair henrlng, Complaints of discrimination
mvolv,ng .services or benefits through this rate agreement may also be filed with
thc Secretary of Ihe agency or the appropriate federal or state agency.
9. ~
Thc pr,vider flit]her assures all subcontractors, subgrantccs, or others with whom
it arranges to provide services will comply with the above laws and regulations.
Require]neats of Section 287.058, Florida Statute.s:
To submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre-audit an4 post-audit.
To submit bills for any travel expenses, in accordance with Section I12.061,
FI,ri(la Statutes.
To provide units or deliverables, including reports, findings, and drafts as specified
in this ra~e agreement ~d thc area plan, to be received and accepted by the agency
prior t,~ payment.
To allow public access to all documents, papers, letters, or other materials subject
'to thc provisions of Chapter 119, Florida Statutes, and made or received by
provider in conjunction with this rate agreement.
Withholdings and Olher Benefils:
The Provider is responsible for Social Security and Income Tax withholdings.
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Rate Agreement No.Q~
Indc~nnifical ion:
If the provider is a state or kx:al governmental entity, pursuant to subsection 768.28(18)
Florida Statutes, Ihe provisions of this section do not apply.
Provider agrees it will indemnify, defend, and hold harmless the agency and/or
state and ali of thc agency's and/or states officers, agents, and employees from
an;,, claim, loss, damage, cost, charge, or expense arising out of any acts, actions,
neglect or omission by thc provider, its agents, employees, or subcontractors
during the performance of the rate agreement, whether direct or indirect, and
whether lo any pcmm or property to which thc agency and/or state or said parties
may !~ subject, except neither pre, vide( nor any of its subcontractors will be liable
under ti~i,~ ',ccti,,n for damages arising cn~l of in.jury or damage to persons or
property directly cauwd or resulting from the .mit negligence of the agency and/or
state or any of its officers, agents, or employees.
I'rovi~lcr'!, ~dfliFation I~ indemnify, dcfcml, anti pay fl)r Iht defcn.~ or. at Iht
agency's ar, d/or state's option, to participate and ass(~iate with the agency and/or
state in thc defense and trial of any claim ami any related settlement negotiations,
shall ~ triggered by thc agency's and/or state's notice of claim for indemnification
to provider. Provider's inability to evaluate liability or its evaluation of liability
shall not exco~ providcr's duty to defend and indemnify the agency and/or state,
upon notice by ~hc agency and/or state. Notice shall be given by register~ or
certified mail. rcmm receipt requcst~l. Only an adjudication or judgment after the
highest ap~:al i~ exhausted s~cifically finding the agency and/or state solely
negligent shall excuse ~rformancc of this provision by providers. Provider shall
pay all costs and fees related to this obligation and its cnlbrcement by the agency
m~d/or state. Agency's and/or state's lhilure to notify provider of a claim shall not
release provider of the above duty to defend.
Insurance and Bondi,:g:
To provide adequate liability insurance coverage on a comprehensive basis and to
hoh:t such liability insunmce at all times during the existence of this rate agreement.
The provider accepts full responsibility for identifying and determining the type(s)
and extent of liability insurance necessary to provide reasonable financial
protections for the provider and the clients to be served under this rate agreement.
Upon execution of this rate agreement, the provider shall furnish the agency
written verification supporting both the determination and existence of such
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Rate Agreement No.~
insurance coverage. Such coverage may be provided by a self-insurance program
established and operating under thc laws of the State of Florida. The agency
reserves the right lo require additional insurance where appropriate.
To furnish an insurar,ce bond from a responsible commercial insurance company
covering all officers, directors, employees and agents of the provider authorized
to handle funds received or disbursed under this rate agreement in an amount
commensurate with the funds handled, the degree of risk as determined by the
insurance company and consistent with good business practices.
If thc provider is a state agency or subdivision as defined by section 768,28,
Florida Slatu:es, the provider shall furnish the agency, upon request, written
verification of liability protection in accordance with section 768.28, Florida
Statutes, Nolhin£ herein shall he constrned to extend any party's liability
beyond that provided in section 768.28, Florida Statutes. (See also
Indemnification clause.)
Abum Neglect and Exploitation Reporting:
ltl compliance with Chapter a 15. F..',;.. an employee of the provider who knows,
or has rca.~mahlc cau.~ to suspect, that a child, aged person or disabled adult is or
im.s been abus~xl, ncglectcd, or exploited, shall immediately report such knowledge
or suspicion to thc .State of Florida's central abuse registry and tracking system on
the storewide toll-free telephone number ¢i-800-96ABUSE).
Tra nsporta!ion l)isa dvanta£ed:
If clients arc to be transported under this rate agreement, the provider will comply with
Iht: provisions of Cl~aprcr ,127. Florida ,',;tatutes. and Rule Chapter 41-2, Florida
Administrative ('ode.
Purchasing:
Procurement of Products or Materials with Recycled Content:
Any products or materials which arc the subject o1'. or are required to carry out this rate
agreement shall be procured in accordance with the provisions of Section 403.7065 and
287.045. Florida Statutes.
I .... III I II Ir----~ll III I .... ' ' " ~11 ...... ]
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Rate Agreement
Npon~omhip:
As required by Section 296.25. Florida Statutes, when sponsoring a program
financed wholly or in part by agency funds, including any funds obtained through
this rate agreement, the provider assures that all notices, informational pamphlets,
pre.ss releases, advertisements, descriptions of the sponsorship of the program,
research rq~rts, and similar public notices prepared and released by the provider
shall include Ihe statement: "Sponsored by the_Collier County Services for Seniors.
Ihe Area Agency on Aging fl'~r Southwest Florida, Inc.. and the State of Florida.
Iiel~,~rlmcnl ~t' l:.lder Affair~,". if the sp~,nsorshil~ reference is in written material
{he we,rd,, "An';~ A;!ency on Aging for S~l~lhwesl Florida, Inc. and State of
Florida. Ik'p,ulmcnt ~ff I;.Idcr Affairs" shall apfx'ar in the same size letters and type
'l'h¢ l}cl~rtmcnt ~l' l:.ldcr Afl'air~, and/or agency's written approval is required prior
to the provider's ::,< of the name of the Department of Elder Affairs and/or agency
for ~licimtion of funds.
Use of I:u;ids Fi,r i.oblLs'in~ l'rnhilfiled:
To eon'ply ~.'ilh thc lm,.'~',ion,, ¢,f .',;cerium 216.347. Florida Statutes. which prohibit the
expenditures of r,a~e agreement l'ullds for thc purpose of lobbying the L.egislature, a judicial
branch or a stale agency.
Public i-.hilly Crime: Denial or revncalinn of the right lo lransael business with
public enlist les.
It is the intent of the leteislamre m place the following restrictions on the ability of persons
convicted of public cn:i:v crime,, to transact bt~sincss with the agency per section 287.133.
Florida Slalllle'¢'
A person or affiliate who has been placed on thc convicted vendor list following a
conviction for a public entity crime may not submit a bid on a rate agreement to provide
any gtx",ds or services to a public entity, may not submit a bid on a rate agreement with a
public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a rate agreement with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in section 287.017, Florida Statute, for CATEGORY TWO for
a pcriexl of 36 months from the date of being placed on the convicted vendor list.
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01/01/98 Rate Agreement No.Q~
O. Employmen!
If the provider is a non-governmental organization, it is expressly understood and agreed
the provider will not knowingly employ unauthorized alien workers. Such employment
constitutes a violation of the employment provisions as determined pursuant to section
274A(e) of the Immigration Nationality Act(INA), 8 U.S.C.s. 1324 a (e) ('section
274A(e)'). Violation of thc employment provisions as determined pursuant to section
274A(e) shall be grounds for unilateral cancellation of this rate agreement.
Audils and Record.s:
0
'ro maintain i~x)k.~, records, and documents (including electronic storage media)
in accordance wilh generally accepted accounting procedures and practices which
.'mfficicntly and properly reflect all revenues and expenditures of funds provided
by thc agency under this n, te agreement.
To assure these records shall be subject at all reasonable times to inspection,
review, audit, copy, or removal from premises by state personnel and other
personnel duly authorized by the agency, as well as by federal personnel, if
~oplicablc.
To maintain ~¢1 file with thc agency such progress, fiscal and inventory and other
reports as the agency may require within the period of this rate agreement. Such
rel~orting rcquircmcn[~ must be reasonable given the scope and purpose of this rate
agreement.
'1"o submit management, program, and client identifiable data, as specified in the
Dev, mment of Elder Affairs Programs Management Manual. To assure program
specific data is recorded and submitted in accordance with Department of Elder
Affairs Clienl Information Registration and Tracking System (CIRTS) Policy
Guidelines.
To provide a financial and compliance audit to the agency as specified in
ATTACIIMENT ill and to ensure all related party transactions are disclosed to
the auditor.
To include these aforementioned audit and record keeping requirements in all
approved subcontracts and assignments.
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Rate Agreement No.Q~
Rl'tem~l
This rate agreement contains federal funds. The Catalog of Federal Domestic
Assistance (CFDA) numbers are as follows:
93.044
93.045
93.045
93.046
Title IIIB Support Services
Title lllCI Congregate Meals
Title !IIC2 Home De.livered Meals
'lille III!) In-Home Services
'This ri, lc agrecmenl i~ f~f~lc(l fr~,m a granls and aids appropriation.
To retain all client records, financial records, supporting documents, statistical
records, and any other documents (inclt~ding electronic storage media) pertinent to
this rate agreement for a ix2riod of five (5) yes, rs after termination of this rate
agreement, or il' an at~dit has been initi:~ted and audit findings have not been
rc.solvo,.l at thc end or' ~ivc (5) yes, rs. thc records shall be retained until resolution
of the at~(li~ fin(lings.
Persons duly authorized by thc agency and federal auditors, pursuant to 45 CFR,
Part 92.42(e). (1), and (2~, shall have full access to and the right to examine or
duplicate any (.,f .,,aid records and documents during said retention period or as long
as records art: retained, whichever is later.
Monilori~g:
'Io provide progress r,:lX)rts, including (lati~ rclx)rting requirements as specified by
thc agency. 'l~nc.-.;c rct'x~rts ~'ill tx: tiscd for ~nonitoring progress or performance of
thc rate agrttcmcnt ser,.'iccs as specil'ied in thc Service Provider Application.
To permit ~rsons duly at,thorizcd by the agency to inspect any records, papers,
documents, facilities, gcwxls and services of the provider which are relevant to this
rate agreement, and/or interview any clients and employees of the provider to be
assured of satisfactory performance of the terms and conditions of this rate
agreement, l~:ollowing such inspection the agcr~cy will deliver to the provider a list
of its concerns with rcgard to the manner in which said goods or services are bei~g
provided. 'Ihe provider will rectify all not'ed deficiencies provided by the agency
within the time set forth by the agency, or provide the agency with a reasonable
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Rate Agreement No.Q~
and acccptablc justification for thc providcr's failure to correct the noted
shortcomings. The agency shall determine whether such failure is reasonable and
acceptable. Thc pmvidcr's failure to correct c,r justify within a reasonable time as
specified by thc agency may result in thc withholding of payments, being deemed
in breach or default, or termination of this rate agreement.
o
Thc provider will notify thc agency within 48 hours of conditions related to
subcontractor performance that could impair continued service delivery.
Reportable conditions may includc:
·
·
·
·
·
pr()lx~.~d client terminations
provider Iinanchd c(,nccrns/difficullics
~icc quality and consumer complaint trends.
'Thc provider will p~ovid¢ thc agency with a brief summary of the problems(s) and
proposed corrective action plans and time frames for implementation.
Safel~uardin~ Inforamfl ion:
I:.xccp~ ~L~i provided fi)r agency a,~dmng anti monit,ring puqx~s, riot to use or disclose any
inform,~tion concerning a recipient of services under this rate agreement for any purpose
not in conformity with the sta~c regulations anti fcdcr:d regulations (45 CFR, Part 205.50).
except upon wriltcn consent of thc recipient, or his rcslxmsible parent or guardian when
authorized by law.
Assignmenls and Rale Agreement.s:
Agency approval of thc 1'-)')8 .',;crvicc Provider Application shall constitute agency
apprc~val cd' the provider subconlracts il' the subcontracts follow the service and
funding information identified in the service provider application. The provider
must submit all rate agreements for services under the 1998 Service Provider
Application to thc agency for prior approval when the proposed subcontractor(s)
is a profit making organization. No such approval by the agency of any
assignment or subcontract shall be deemed in any event or in any manner to
provide for the incurrcnce of any obligation of the agency in addition to the total
dollar amount agreed u!m')n in this rate agreement. All such assignments or
subcontracts shall be subject to the conditions of ,.his rate agreement and to any
conditions of approval the agency shall deem necessary. Section I, paragraph N.
is only applicable to state agencies or political subdivisions of the state.
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Rate Agreement No.Q~
Unless olhcrwise slated in thc rate agreement between thc provider and
subcontr~clor, p~ymcnts made by thc provider to Iht subcontractor must be within
seven (7) working, days after receipt by the provider of full or partial payments
from thc ag`they in accordance with section 287.058.5. Florida Statutes. Failure to
pay within seven (7) working days will resell in a penalty charged ag`ainst the
provider and p~id to thc sulx:ont~ctor in thc amount of one-half of one (I) percent
of the amount due. per day from thc expiration of thc permd allowed herein for
payment. Such penalty shall he in addilion Io actual payments owed and shall not
exceed fifteen (15) p,crccnt of thc outstanding balance due.
Final Reque.~l for Payme.l:
To submit thc lin,fi reqnc,~l fi,r F,~ymenl to thc agency no more than forty-five (45)
clay.,, after the rme ;~t:reemenl crab, or ~s termin;~tcd; il' thc provider fails to do so.
all right to p;~ymenl ~,, f'orfcited, and thc agency will not honor any requests
submitted after thc al'oresa~d time peri~xl. Any payment due under thc terms of this
rate agreement may he withheld until all reports duc from the provider, and
neccs~ry a,Jj~tmcnt,~ thereto, have been approved by thc agcncy.
A final receipt and expenditure reid,ri a.s a closeout report will be forwarded to the
agency within sixty (6()~ days after Ihe rate agreement ends or is terminated. All
monie.s which have been paid to thc provider which have not been used to retire
o~,tst~nding (~ligalions of thc ~,flc agreement i~eing closed out must be refunded to
~hc ~g,:ncy al()ng wi~h thc final receipt and cx~nditurc re,rt.
ReltJm~ of lqJn([~:
'I',~ return to thc agency any overpayments duc to unearned funds or funds
di.~llowed pursuant lo thc terms of thin rate agreement that were disbursed to the
provider hy the agency.
The provider ,,hall remm any overpayment to thc agency within thirty (30)
calendar days after either di.~ovcry by thc provider, or notification by the
agency, of the ~verpaymcnt.
In iht event thc provider or its independent auditor discovers an
overpayment has been made. the provider shall repay said overpayment
within thirty (30) calendar days without prior notification from the agency.
In thc event that the agency first discovers an overpayment has been made,
the agency will notify the provider by letter of such a finding.
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Rate Agreement No.Q~
Should revaymcnl not Ix: made in a timely manner, the agency will charge in,crest
of one ¢ i ) percent per month cc, mpot,n(Icd on the or,,standing balance thirty (30)
calendar days after thc date of notificatic, n or discovery.
II. The Agency Agrees:
A. Rale A~reemen! Amount:
To pay for talc agreement ~rviccs according to thc conditions of this rate agreement as
outlined in ATTACllMENT VI in an amount not to exceed $135.898 subject to the
availability of funds. $13.5.898 represents federal f, nding. The State of' Florida's
pcrfl~rmancc and o4'4igati.n to [r.y ,ndcr this rate agreement is con6ngcnt upon an annual
apprc, pria~j.n by II,e 1.4..gi,da~t~re. The c~.,t,, of services paid under any other rate
agreement or fr.m any ,,thee ~,-urcc ,,rt' m,t cl,gihle fl'~r reimbursement under this rate
agreement The n~:c ol l~,ymc,~t per wry,ce and maxi,n.m units by .service are defined in
ATTACllM ENT VI.
B. Rate A~.recmenl Payment:
Thc pr;,vidcr's invoice ,.,.'ill be .~nt to thc Department of Elder Affairs in conjunction with
other invoices receiw:d by me agency frc,.'~ rate agreements subject to review and approval
by Ibc agency..';,tsch approval is for the purpose of authorizing payments and does not
constitute final approval of .~crviccs purchased under this rate agreement. Invoices
returned t. a vendor duc to preparation errors will result in a payment delay. Invoice
payment req.,remcnts do not s~art until a properly co~nplclcd invoice is provided to the
agency. With the exccpt,nn .f payments to health care providers for hospitals, medical.
or other health care services, il' payment is not available within 40 days, measured from
the latter of thc (late thc inw~ice is received or the goods or ~rvices are received, inspected
and appr,'~vcd, a ~q~ratc interest penalty :.;ct by the comptroller pursuant to Section 55.03.
Florida Statules. will l,e due and payable in addition to the invoice amount. Payments to
hcal'.h care providers for hospitals, mcxlical or other health care services, shall be made not
more than 35 days from the date eligibility for payment is determined, and the interest
penalty is set by S.bsection 215.422(13). Florida Statutes. Invoices returned to a vendor
d,c to preparation errors will result in a payment delay. Invoice payment requirements
do not start until a properly completed invoice is provided to the agency.
C. Vendor ()mbud.sma n:
A Vendor Ombuds,nan has been established within the Agency of Banking and Finance.
The duties of this individual include acting as an advocate for vendors who may be
experiencing problems in obtaining timely payment(s) from a state agency. The Vendor
1!
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Rate Agreement No.~
Ombudsman may bc contacled at (850) 488-2924 or by calling the State Comptroller's
Hotline. !-800-848-3792,
III. Provider and Agency M.tually Agree:
A. Effective Date:
This rate agreement shall begin on January I, 1998 or on the date the rate
agrcemcnl has I~ccn signed by both parties, whichever is later.
2, '['his rate agreement shall cad on l)cccmhcr 31. 1998.
B, Method of l'aymenl:
This is a rate agreement incorp~rating reimbursement for actual units of service
d,:livcrcd paid according to thc schedule stipulated in ATTACItMENT VI. A
rt.TJort will t',c :,ubmittcd to the agency from the provider for reimbursement. The
Invoice for Services and Contribution report will document the actual units of
services delivered. Duplication or replication of this form via data processing
equipment is permissible, provided all data clements arc in thc same format as
included on agency Em'ns.
Thc provider, if eligible may request a monthly advance for each of the first two
months of thc contract period, based on anticipated cash needs. Detailed
documentatior~ justifying c~h needs for advances must be maintained in the agency
file. All payment requcst.s fi~r thc third through ti~e eleventh month shall be based
on thc submi~sic, n of monthly actual expenditure reports beginning with the first
month of the conlract. The schedule for submission of advance requests is
A'I-I'ACIIMENT IV to this contract. Reconciliation and recouping of ~dvances
made under lhi,, contract are to bc completed by thc time the final payment is
made. All advance payments arc subject to thc availability of funds.
Advance funds may be temporarily invested by the provider in an insured interest
bearing account. All interest on contract fund advances must be returned to the
agency with thirty (30) days of the end of the first quarter of the contract period.
Financial Rc[x~rts: Thc provider agrees to provide an accurate, complete and
current disclosure of thc financial results of this rate agreement as follows:
To submit all requests for payment and expenditure repons according to the
format, schedule and requirements specified in ATTACHMENT IV.
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Rate Agreement No.Q~
Financial Reports: Thc provider agrees to provide an accurate, complete and
current di~losure of the financial results of this rate agreement as follows:
ao
To submit all rcqucsls for payment and expenditure reports according to thc
formal..~hedul¢ and rcquircmenls specified in ATTACtlMENT IV.
To submil a complete and accurate quarterly Service Cost Report, DOEA
Form i I0. m Iht agency per Older Americans Act funding source by April
15. Iq98. July 15. 19q8 and ~mbcr 15, 1998. An annual Se~ice Cos~
Rc~,~. I~)EA Form 1 i0. will ~ submittal 1o Ibc agcncy within sixly (~)
calendar ~ay~ of Decem~r 3lsd.
Co
The completed nlam~al unils of ~rvicc lx~rtions of Iht Older Americans Act
Annual Rcl'xlrt if applicable, arc duc m Ibc rate agreement manager on or
by Ocher I. Ic~.)g. Thc Agency will obtain thc remaining report .,,cclions
from tl,c ('licnt Information, Registration and Tracking System.
'i'ennination:
I. Termination at Will
This talc agreement may be tcrminalcd hy either party upon no less than thirty (30)
calendar days notice, without cm~sc, unless a loser time is mutually agreed upon
by ,both panics, in wridng. Said notice shall be deliverexl by certified mail, return
receipt requested, or in person with proof of delivery.
Termination l~cau.~; of lmck of Funds
In thc event fund~, to finance this rate agreement become unavailable, tile agency
,nay terminate thc rote agreement upon no less than twenty-four (24) hours notice
in writing ~o the provider. Said notice shall be delivered by cerlified mail. return
receipt requested, or in person with pr~ff of delivery. The agency shall be thc
final authority as itl thc availahility of funds.
Termination for Breach
Unless thc providcr's breach is waived by the agency in writing, or the provider
fails to cure the bn.'ach within the time specified by thc agency, the agency may,
by written notice to the provider, terminate this rate agreement upon no less than
twenty-four (24) hours notice. Said notice shall be delivered by certified mail,
return receipt requested, or in l:~:rson with proof of delivery, if applicable, the
13
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Rate Agreement No.Q~
agency may employ thc default provisions in Chapter 60A-I.006(3), Florida
Administrative Code. Waiver of breach of any provisions of this rate agreement
shall not be deemed to be a waiver of any other breach and shall not be construed
to be a modification of the terms of this rate agreement. The provisions herein do
not limit the agency's right to remedies at law or to damages.
D. S,spensi,m:
I. Rea.~nablc Cause
Thc agency may, for reasonable cause, temporarily suspend thc usc of funds by a
provider pendir,g corrective action, or pending a decision of terminating the rate
agreement. Reasonable ca,sm is such cause a.,~ would cornel a r~sonable ~rson
to su~nd thc u'< of funds pursuant lo this rate agreement; it includes, but is not
limit~ Io, the provider's faih~re to ~rmil ins~ction of records, provide re~ns.
reclify deficiencies noted by the agency wilhin the lime s~cified by the agency.
utilize fund~ as agreed in this rate agreement, or such other cause as might
constitute breach of any of the terms of this rate agreement.
Thc agency may prohibit the provider from receiving further payments and may
prohibit the provider from incurring additional obligations of funds. The
suspension ma), apply to any part, or to ali of the provider's obligations.
To suspend opcrmions of thc provider, thc agency will notify the provider in
writing by certified mail of: the action taken, the reason(s) for such action; and
tl~e con(lilion~, of the suq~cnsion. The notification will also indicate: corrective
actions necc:,s;try lo remove thc ',t:spension; the provider's right to an
administrative hearing: and. Ibc appropriate lin'lc period to request an
administralive hearing before the effective date of the suspension (unless provider
actions warran~ at~ immediate suspension).
E. Notice and Conlact:
The repre.~ntative of the agency responsible for this rate agreement is:
Executive Director
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers. Florida 33901
(941 ) 332-4233
14
0~/0Z/98
G.
Rate Agreement No.Q~
The name, address and Iclcphone number of thc representative of the provider
responsible for administration of the program under this contact is:
Martha Skinner
Collier County Services for Seniors
Collier County Government Center
3001 Tamiami Trail, E.. Bldg. H
Naples, FL 34 i 12
(941 ) 774-8443
a
In the event different rcpresenlalives are designated by eilher party after execution
of this rate agro:mcnt, notice of thc name and address of thc new representative
will be rendered in wriling to the other parly and said notification attached to
originals of lhi,i rate agreement.
Renegotialion or Mndlficalion:
M'odificatior, s of provisions of this rate agreement shall only be valid when they
have been reduced to writing and duly signed. The parties agree to renegotiate this
rate agreement if revisions of any applicable laws, or regulations make changes in
this rate agreement necessary.
The rate of payment and the total dollar amount may be adjusted retroactively to
reflect price level increases and changes in the rate of payment when these have
been establishexJ through the appropriations process and subsequently identified in
thc agency's operating budget.
Special Prnvi.sinns:
1. Nonexpendable Property
ao
Nonexpendable property is defined as tangible property of a nonconsumable
nature with ap. acquisition cost of $500 or more per unit, and expected
useful lite of at least one year; and hardback bound books not circulated to
students or the general public, with a value or cost of $100 or more.
Hardback books with a value or cost of $25 or more should be classified as
an 0(20 expenditure only if they are circulated to students or to the general
public.
All property, purchased under this rate agreement shall be listed on the
property records of the provider. Said listing shall include a description of
15
01/01/98
Match
16C
Rato Agreement No.QAA_2_Q_~,98
thc pr~g~crly, m~xicl numhcr, manufacturer's serial numhcr, funding source,
informatfon needed to calculalc thc federal and/state share, date of
acquisition, ,mit cost, property inventory number and information on the
location, u~ and condition, transfer, replacement or disposition of thc
propcrty.
All properly purcha.~d under Ihis rate agreement shall bc inventoried
annually. An inventory rcFx,rt will tx: submitted to thc agency upon request
by thc agency.
Title (gvt'J]~:f:]hjp) to all property acquired wilh funds from this rate
agrtx, mcn~ shall hc vestal in thc ,agency u mcompl.ction
[h~/iLk' a~t~'crTlcrl[.
Al no time ',h,dl the provider dispose o( nonexpendable property purchased
umlcr Ibis r;fle agrccmenl except with thc permission of, and in accordance
wilh in~.tructions from thc agency.
A fl~rmal ra~e agreement amcndmenl is required prior to the purchase of
any item of pr,perry not slxtcifically listed in the approved budget.
lnformali,n Technology Resources
Thc provider must adhere Io the agency's procedures and standards when
purchasing Information Technology Resources (ITR) as part of this rate
agrccmcm. An ITR worksheet is required for any computer related item
costing $5(X).(X) or more. including data processing hardware, software,
services, supplies, maintenance, training, personnel and facilities. The
provider mu,~t comply with the l)cpartn~cnt of Elder's Affairs ITR
I'r~x:cdurc.s. Thc provider will not be reimbursed for any ITR purchases
made pri,~,r to obtaining the agency's written approval.
]'he provider will assure that there will be a match requirement of at least 10
percent of thc cost for all .~rviccs. Thc prc, vidcr's match will be made in the form
of cash and/or in-kind re~wrccs. At thc end of the rate agreement period, all
Older American Act l'LJnds must be projx:rly matched.
16
16C
o~/o2/9s
Older American Acl Funds
Rate Agreement No,QAZ~_2_Q:L, 98
The provider and agcncy agree lo perform thc services of this rate agreement in
accordance with all fcdcnd, state and local laws, talcs, regulations and policies that
pertain to Oktcr American's Act funds.
Co-paymcnl for Services
Thc provider assures ()lder Anlcric. ans Act paid staff will not assess nor collect co-
payments fr,)m eligible clients for ¢)hler Americans Act funded services.
Subconlractor.s may charge co-paymcnls for services not pakl for with Older
Americans Act tirade, to Iho~2 pcr.,,ons who are able to pay part or all of the cost of
service.~.
o
¢Tarry Forward Funds
i:odcnd fiscal year tim(ling provided in this rate agrccmcnt is subject to substitution
by prior yc,-ar's carry forward funds in accordance with procedures established by
the agency. 'l'his provision excludes senior cemcr carry forward funds.
Copyrighl Clau,,¢
Where activities .supv~rted by this rate agrccmcnt pr(xtuce original writing, sound
recordings, pictorial reproductions, drawings or other graphic representation and
wc;rk~ of an)' similar nature, thc agency has thc right to use, duplicate and disclose
such malcrials in whole or part, in any manner, for any purpose whatsoever and
to have olhcrs acting on behalf of the agency do so.
If the materials :~) developed arc subject to copyright, trademark or patent, then
legal title and ,.:,.'cry right, interest, claim or demand of any kind in and to any
patent, trademark, copyright, t)r application for thc .same, will vest in the State of
Florida, Dcpartmcnt of state, for thc exclusive use and benefit of the state.
Pursuant tt) Section 286.021, Florida Statutes, no person, firm or corporation,
including partic~ to this rate agreement, shall bc entitled to use the copyright,
patent or tradcmark without thc prior written consent of thc Department of State.
(;ricvancc and Appeal Procedures
Thc provider will assure Ihrough c.ntractuifi provisions that service provider
agencies have pr(x:txlurcs for handling complaints from persons who complain that
.~rvicc ha,i been (lenied, terrr~inalcd or rcduc¢(I improperly as outlined in 58A-
17
......................... ~ ................ '~-- ..... ~' I .......................... III III I I[-- -~ II
I0.
Rate Agreement No.Q~
[.007(¢) Florida Adminislralive Code and Ibc l)cpflrtmcnt of Eider Affairs
Programs Management Manual.
Investigation of Allegations
Any report that implies crimin,M intent on the part of a service provider agency and
referred Io the state attorney must be Kent to the agency. The provider must
investigate allcgati(ms re,ar(ling falsification of client information, service records.
paynlenl requests, and other related inl'ornlation.
Signature
All rate agreements and amemlmcnls must be ',igncd by thc i'rcsident of thc Board
of Directors of Ibc provider, or s,ch (,ti}er officer or member of the board as
designated by the lh~)ar(! of i)irectors.
Di~stcr
I1.
In preparati~m for the threat of an emergency event as defined in the State of
Florida Comprehensive Emergency Management Plan, the Department of Elder
Affairs may exerci.~.' authority over an area agency or service provider in order to
implemenl preparedness activities to improve the safety of the elderly in the
threatened area and to secure area agency and service provider facilities in order
Io minimize thc lx)tcntial impact of thc event. These actions will be within thc
existing roles and responsibilities of the area agency and its service providers.
In thc event the President 6,1' lt~e United States or thc Governor of the State of
Florida declares (li:atster or a state of emergency, the Department of Elder Affairs
may exercise i~uthority over an area agency or service provider in order to
implement emergency relief nle;istlres and/or activities.
In either of these cams. only thc St<retary, Deputy Secretary or his or her designee
of the Department of F. ldcr Affairs shall have such authority to order the
implementation of such measures. All actions directed by the Agency under this
section shall be for the purpose of ensuring the health, safety and welfare of the
elderly in the lx~tential disaster area or actual disaster area.
Computer System Backup and Recovery
As defined in Chapter 44-4.070, Florida Administrative Code, each provider,
among other rcquircmenls, must anticipate and prepare for thc loss of information
18
16C 1
oi/oi/98
12.
Rate Agreement No.~
processing: capabililics. The rouline hacking up of dala and soflwarc is r~uir~
to recover from I~,~se~ or outages of the computer system. Data and software
c~mlial to the continued o[~n~tion of provider functions must be backed up. Thc
~curity control~ over the backup resources shall be as stringent as thc prot~tion
required of the primary resources.
Voluntccr.~
13.
14.
Thc Area Agency on Aging will promolc Ihe u~ of volunteers as prescribed in
Scclinn 306/a)¢ 12), Older Americans Act and Section 430.07, Florida Statutes.
In additinn. ~he Area Agency on Aging will increase the u~ of volunteers in the
planning and wrvicc area by providing training, technical assislancc and funding,
where [x)s~lt)lc. lo their lm,v]~lcr agcncics.
Comprehensive Asw,,sment Review and F. valualion for l.ong Term Care Services
(CA R F.g) l'rol2 ram
Those persons who are ft,nctionally assessed by thc Comprehensive Assessment
Review and F. valuation for l.ong Term Care Services (CARE. S) Program to be at
ri,.k of placcmc~:t in an institution and referred lo the Older Americans Act
Program ,,,,'ill he given primary consideration for services to prevent institutional
placement.
Bnsiness Hours
15.
Providers must at a minimum maintain busincss hours from 8:00 AN[ to 5:00 PM
daily. Monday through Friday.
Client lnformati~m and Registration Tracking System (CIRTS)
ao
Service Provider Agencies most enter all required data per the Agency's
CIRTS Policy Guidelines for OAA clients and services in the CIRTS on a
monthly ha.sis. The data must be entered into the CIRTS before ;.he Service
Provider Agencies submit their "equest for payment and expenditure reports
to the Area Agency. The Area Agency shall establish time frames to assure
compliance with due dates for the requests for payment and expenditure
reports to thc I)¢partment of Elder Affairs.
Service l'rovider Agencies will run monthly CIRTS reports and verify that
client anti .~rvice data in the CIRTS is accurate. This report must be
submitted to thc Area Agency with the monthly request for payment and
19
IIII
Ol/Ol/9S
16.
Rate Agreement No.Q~
cxpendilure report and must be reviewed by thc Area Agency before the
service pmvidcr's request for payment and cxpcnditure reports can be
approved by thc Area Agency.
Failure to ensure the collection and maintenance of the CIRTS data may
result in thc Agency enacting the "Suspension" clause of this rate agreement
(~c Section Iii, D.).
Client Outcomes
17.
bo
Thc provider will develop clienl outcome measures consistent wilh those
dcvelolx:d by thc agency, including tile following:
· l:.ldcrs will live in thc least restrictive and most appropriate setting
· .Services will be provided to those elders most in need
· Frail elder functional status is maintained or improved
· l.ong-tcrm care resources are efficiently and effectively used
· Client environment is maintained or improved
· Social interaction is improved
· Nutritional risk is roduccd
· Carcgivcr emotional and physical health arc maintained or improved
· Elders, families and/or c~lrcgivcrs arc better informed so that elders are
better ab!c to exercise autonomy and make informed choices
In preparation for performance-based program budgeting, the Department
of Elder Affairs will set targets for the performance of outcome measures.
These targets will be amended into contracts. The provider will be
responsible for achieving these targets.
Prioritizatior~ Policies
The provider shall develop ,and implement policies and procedures to ensure Older
Americans Act fund services are provided to those with greatest social and
~onomic need, with particular attention to low-income minorities. Individuals
who have two residences and who are requesting services shall be referred to the
Community Care for the Elderly Co-payment for Service program. These policies
and procedures are to be furnished to the agency as part of the 1998 Service
Provider Application.
2O
16C 1
oz/oz/98
Rate Agreement No. OAA 203.98
il.
I.
Name. Mailing and Slreel Addrt.'ss nf Payee:
Thc name (provider name as shown on page I of this rate agreement) and mailing address
of the official payee to whom thc payment shall be made:
Martha Skinner
Collier County Services for Seniors
Collier Coumy Government Center
3001 Tamiami Trail. E.. P, ldg. H
Naples. FI. 34112
(94 I) 774-8.117
The rtamc ~f' iht. cont,~ct [~r,am. ~,trcct address and telephone number where
financial and ad:n~ni~tr;~v¢ rccorcls arc mair~taincd:
Collier ¢'ou~p,' Services for Seniors
Collier County (';overnmcn! Center
31X)I Tamiami Trail. E.. P, idg. H
Naples. FI. 34112
(941) 774-84.:3
IN WITNESS THF. RI~¢)I:. Ibc p, lrllo, ht.rch, ha,.c caused {hi'~ 1'.~.2 page rate agreement to be executed by
their undersigned officials ;ts duly ;tuthori/t.d.
AREA A(;EN(;Y ON AGING FOR
S()I/'FHWF. ST FI.ORIDA. INC,
PROVIDER'
Collier ('ountv Services for Seniors
flY: x,. BY . / ~
NAME: ~"lrh,'~r,] B. l~rvy NAMr!: James L. Mott
TITLE:~ .................
O^T£: I g- 5 /' q'7
Board President
DATE: 12/31/97
FEDERAl° ID NUMBER: 596 000 538
PROVIDER FISCAl. YEAR I'~NDIN(; DATE: .._922Q~8~
AI~~ as to [~.]al font, ar:d suf{iciency ~:
~iro ~lich, ~ief ~sistant C~nty Attorney
AT'I'[ST:
OWIGNT E. BROCK. CL~'PI(
........ [1 HI I / .... f[i [[i ...........
oz/oz/gs
Rate Agreement
16C i
t;o. OAA 203~9~
ATTACIIMENT I
U32RII~LCATIQ ~~.O]~
CERTIFICATION FOR..RAIE_AGREE31ENTS, G RANI'S. LQANS AND COOPERA_TLY~
A_GRE~
Thc undersigned certifies, to thc hot .f his .r her knowledge ami belief. Ih;il:
(I)
No federal appropriato:l funds have been paid or will bc paid. by or on behalf of the undersigned, to any
person fi'~r influencing ,',r ancmpting t- inllucncc an officer or an employee ,f any state or federal agency.
a member of c~mgrcss, an ,,ff'sccr or employee of congress, an officer or employee of thc state legislature.
or an cmph,y~ of a member ,f c-ngress in connection wi~h thc awarding of any federal grant, thc making
of any federal grant, thc making of any fedcnd loan. the cn~ering inlo of any co, pcrativc agreement, and
thc cxlcnsion, conl~nuat,m, renewal, amendment, or m,dificati~,n of any federal rate agreement, grant.
loan, or c~rati,,'c agreement
If any funds other than f,.:dcral appropriated funds have been paid or will be paid to any person fi)r
influencing or altelnpting to inlluenc¢ an t~fficcr or crnphLvce c,f any agency, a member of congress, an
officer or cmployca.' ,f c~mgrc~.s. ,r .'m cmphLvcc ,t'a mcmhcr of om,.ercss in c,nnection with this federal
rate agreement, grant, loan. ,.~r cc,~pcrative agreement, th,.: undersigned shall complete and submit
Standard Form-l.l.l.. ~l)i~'l¢,sure Form to Report l.,t',bbying." in accordance with its instructions.
(3)
Thc undcrsigncxl shall require thai the language of thin certification be ir~cludcd in the award (lt~uments
fl~r all ~ubaward~ a~ all ficr~ finch,ling ~ut~'t,nlr;~cls ntlc agreements. :,uhgrants. and rate agrccmcms under
gnmts. Irons and o,,~'nlii~c agreements) and Ih;fl all suhrtx'ipicnl~ shall certify and disclose accordingly.
This ccrtificati,m ix a m;itcrial rcl')rc.~cnlathm ~)r' f. lct Ul'~On ~.~.hich reliance ~';ts placed when this transaction was
made or entered into. Stjhmissi,m ~,I' Ihls ccrlilJcaliorl i% a prcrcqmsiIc rbr making or entering into this t;ansaction
imD~wd by section 1352. Title 31. I~.S ('~Mc. Any ~'rson ~'t~t~ fails tt)lqlc thc required certification shall be
subject lo a civil ~nalty of m,I less Itlil~l $1(}.{~) and not m~wc [k.i~l $1{~).(~) for each such t~ilure.
Barbara
Nanle Of Aulhori/ed lnthvidu:tl
J.)A~L203
,,\l')plicati~m or Rate Agreement Number
Collier County Services for Scfiiors
Cullier County Govcrnincnt Center
3001 Tamiami Trail. E.. Bldg. H
Naples. Fl. 34112
Name and Address of Organization
;.Sp_r..o%/~cd as to I et. ia 1 t% ~ and ~uf f i c? [ ctncy by:
................
P~i~o Manalich, ~ief ~ssistant (2~mty Atto~ey
22
Agreement
16C
NOD OAA _Z_O_~. 9 8
DOEA Fnrm I
ATTACII.MENT I!
.C. ERTI FICATION REGARDING
~MF~NT. SUSPENSION. LNELIGIBILITY AND VOLUNTARY EXCLUSION
BAT E A G R EEM ENTS/S U IL(L(/XIRA3T. J~
1
This certification is required by the regulation implementing Executive Order 12549. Debarment and
Suspemion. signed Febm.'u'y; IS,. 1988. The guidelines were published in the Slay 29. 1987 Federal
Register (52 Fed. Reg.. page~ 20360-20369k
The prospective provid,:r cer~ifi¢~, by ~igning this ccrlification, that neither he nor his
principalq iq preqenlly dct~arr.zd, qu,pcndcd, prop~,cd fi~r debarment, declared ineligible, or
vohmlafily cxclmlcd I'r~rn p.trt~,:q*;~li{m ~n talc ;lgrccmcnI wilh thc Dcp;~rlmcnt of eider Affairs
by any federal agent> ,,r at'choy
Where thc prt,?,~.ctp,'¢ pro~, ~,.ler i~, unable lo certify Itl an,,' of thc .'qatcmcnts in this certification.
such pro~,v, cclivc provider ,,hall al~ach an explanation to this certification.
[~,4rb,]rO B. Berry, Chairman
Narnc and Tillc ~£ Aulhori/cd Individual
Da:e
/.kHli '~mlb.. ' '..5_cr~ c ¢ :.._t~ r Seniors
N;tm¢ of ()rg;mi/;ttion
Apl>roved)as to leg,~l form ar~! su[tici_,,~.:'.,' by;
_ ............
~' rD ~]n,~lich, C~icf A.'.4:;~;ti~nk County /,tt.o~ ey
ATT[ ST:
DWIGHT E'. 8Rc'r~K. ,,,"' ~
23
1
Rate Agreement No.Q~
CERTi F! CATION RE(;A Ri)I N(;
DEBARMEN'I', SUSPENSION, INEIAGIBII.ITY AND VOI.UNTARY EXCLUSION
RATE AGREEMEN'YS/SUBCON'I'RA(.q'S RATE AGREEMENTS
Each provider who.~ rate agreement equals or exceeds $2.5.(h90 in federal monies must sign
this debarment cerlificafinn prior To rate agreement execution. Indcpendenl auditors who audit
federal programs regardl¢,~s of d~¢ dollar amount are required to sign a debarment certification
form. Neither thc Area Agency on Aging nor its ral¢ agrcernent providers can contract with
subcontracts if they arc debarred or suspended by thc federal government.
Thi,~ certification i~ a material representation of fact upon which reliance is placed when this
ra~e agreement i.~ entered into. If it is later determined that thc signed knowingly rendered an
crrnneous certification. Ibc l'edcr,d (';~,vernmcnt may p,~rs,~c 3v;~JJ;~b}C remedies, including
o
'Ibc provid.:.r shall I',rovidc i;nmcdi;~tc written n~)tice ro the r;Ite agreement manager at any time
the provider learns thai ~ls certification was crroneoHs when MJbmJltcd or has become
erroneou~ by reason al' changed circum~fancu~.
The terms 'debarred.~ "suspended." 'ineligible." "person." "principal." and "voluntarily
excluded.' as used in ~his certification, have the meanings set out in the Definitions and
Coverage .~cfions of roles implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulation.,0. Ir'afl 76 Yc,~ may cnnt:~ct the rme agreement manager for assistance in obtaining
a copy nf ,hose regulations.
Thc provider further agrees hv 'mhmitting d~is certification that. it shall not knowingly enter
into any s~hcontract with .a per~nn wh,~ is debarred, suspended, declared ineligible, or
voluntarily exclnded from particq'~at~on in thi.~ r;~te agreement unless authorized by the Federal
Government.
The provider fl,rthcr agrce~ hv suhrnitting this certification that it will require each
subcontractor of this rare ag~ccmcn! whose payment will equal or exceed $25,~ in federal
monies, to submit a signed copy of {his certification with each rate agreement.
o
Thc Area Agency on Aging and its rate agreement providers may rely upon a certification of
a provider that is not debarred, suspended, ineligible, or voluntarily exclude from rate
agreement/subcontracting unless it knows that the certification is erroneous.
24
ATTACIII~IEN'f ill
" i 6 C 1
This attachment is applicable, if the prowder or ~rantee hereinafter referred to as provider, is any local government entity,
nonprofit organization, or for-profit orgam/at~on.
PARTI: SINGLE AUDIT
This part is applicable if the provider is a local government entity or nonprofit organization and receives a total of $25,000
or more from the agency during its fiscal year. The provider has "received" funds when it has obtained cash from the agency
or when it has incurred expenses which will be reimbursed by the agency.
The provider agrees to have an annual financial and compliance audit performed by independent auditors in accordance with
the current Government AuditJrlg._~tl]r]di]rd~ I"Yellow Book") issued by the Comptroller General of the United States. Local
governments shall comply with fOJ/iC,,q_~_qag,.~C~[ and Bud(let lO_MB) Circular A-128. Audits of State and LocaJ
~tO..Y.P,,~3J~ll~. Nonprofil providers receiwnU federal funds passed thro~Jgh the agency shall comply with the audit
requirements contained in ~M,I]_CJrcvI~L_A:j33, Avdji.~_OL[QAtjiutjj;Lo_:;_oLL~Ligbcr_L~arnina and Other Nonorofit Institutions,
except ;is modified herein. Such a~d~tr, shall cover ff~e enlire organizatIon for lhe organization's fiscal year, not to exceed
12 months, The scope of the audit performed shall include the financial audit requirements of the "Yellow Book", and must
include reports on internal control and corrff~har',ce, The audit report shall include a schedule of financial assistance that
discloses each state rate agreement b,t mmllmr An a,Jdit performed by the Auditor General shall satisfy the requirements
of this attachment,
Compliance findings related 1o rate agreements wnh lhe agency shall be based on the rate agreement requirements, including
any rules, regulations, or statutes refererv:,ed in the rate agreement. Where applicable, the audit report shall include a
computation showing whether or not matching req~irements were met. All questioned costs and liabilities due to the agency
shall be calculated and fully disclosed in the a~dit report with reference to the agency rate agreement involved. These
requirements do not expand the scope of the aurht as prescribed by the "Yellow Book".
If the provider has received any funds from a grants and aids appropriation, the provider will also submit a compliance
reports(s) in accordance with the rules of the Auditor General, chapter 10.600, and indicate on the schedule of financial
assistance which rate agreements are funded from state grants and aids appropriations,
Copies of the financial and compliance audit report, management letter, and all other correspondence, if any, related to audits
performed by independent auditors, other than the Auditor General, shall be submitted within 150 days after the end of the
provider's fiscal year, unless otherwise required by Florida Statutes, to the following:
A, Chief Financial Officer i3 copies)
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
Submit to this address only those reports prepared in accordance with OMB Circular A-133:
Federal Audit Clearinghouse
U,S. Bureau of tho Census
Jeffersonville, Indiana 47132
Co
Submit to this address only those reports prepared in accordance with the rules of the Auditor General, chapter
10.600:
Jim Dwyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
Tho provider shall ensure that audit working papers are made available to the agency, or its designee, upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the agency.
OOEA ~'om~ 104A
91301~2
This part is appficable if the provider is awarded f.nds from a grants arwJ aid appropriation, and is either (1) a local government
entity or nonprofi! o¢0anization receiving a total of less than $25,000 from the a0ency during its fiscal year or (2) a for-profit
organization receivir~ any amount from the agency. The provider has "received" funds when it has obtained cash from the
agency or when it has incurred expenses which will be reimbursed by the agency.
If the amount received from grants and aids appropriation awards exceeds $100,000, the provider agrees to have an audit
performed by an independent certified public accountant and submit a compliance report(s) in accordance with the rules of
the Auditor General, chapter 10.600. The audit report shall include a schedule of financial assistance that discloses each
state contract by number and indicates which contracts are funded from state grants and aids appropriations.
Compliance findings related to contracts whh the agency shall be based on the contract requirements, including any rules,
regulations, or statutes referenced in the contract. Where applicable, the audit report shall include a computation showing
whether or not matching requirements were met. All questioned costs and liabilities due to the agency shall be calculated
and fully disclosed in the audit report with reference to the agency contract involved.
If the amount received from grants and aids appropriation awards exceeds $25,000, but does not exceed $100,000, the
provider may have an audit as described above or have a statement prepared by an independent certified public accountant
which atlests that the provider has comphed with (he prnvi,~ions of all contracts funded by a grants and aids appropriation.
If the amount received from grants and aid,~ ,~pr, ropr~ation awards doe,~ not exceed 525,000, the provider will have the head
of the entity or orgamzation attest, .~nder penahie,~ of perj.~ry, that the organization has complied with the provisions of all
contracts funded by a grants and aids appropr~al,on,
Copies of the audit report and all other corresoondence, if any, related to audits performed by the independent auditor, or
the attestation statement, shall be s,bm,tred w,thin 1.50 days after the provider's fiscal year end to the following:
A. Chief Financial Officer 13 copiesl
Area Agency on Aging for Southwest Florida, Inc.
2285 First Street
Fort Myers, Florida 33901
Jim Ovvyer
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
Tho provider shall ensure that audit w(wking papers are made available to the a0ency, or its designee, upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the agency.
PART II1: NO AUDIT REQUIREMENT
This part is applicable if the provider is not awarded tunds from a grants and aids appropriation, and is either (1) a local
government entity or nonprofit organization receiving a total of less than 525,000 from the agency during its fiscal year or
(2) a for-profit organization receiving any amount from the agency. The provider has "received" funds when it has obtained
cash from the agency or when it has lac,fred expenses which will be reimbursed by the agency.
The provider has no audit or attestation statement required by this attachment.
Form
26
ATTACHMENT IV
RATE AGREEMENT REPORT CALENDAR
ADVANCE BA.q.I.q RATE. AGREEMENT
TITLE III
NI IMItFI¢ Mf E;'I11 t ~1:
AI}VANCF. · T)F.C 15 JAN l
ADVANCF · I}I:.C IS .1AN I
.IAN I'~XPI{ND['I'IJRI,.' RPI' H:D I0 I:l'.'P. 15
FFB EXPI~NI}FHIRE RI"F MAR I,) MAR 15
MAR I:'(I'E~I)FI'IlRF RP[' APR I(~ APR 15
/,I'R F'(PFYfl}I FI;RF RI'I MAY I0 MAY IS
MAY I"(I'FN~)[F~'RI: PI'T H rN'l.'. Ii, JI;NI: I~
'~[ Y 1"'4PI:h:I)H'~RI~ PPT ~d~t; I0 Al/tl IS
gel' IC(I'I:NI)FI'IIRI~ RPI' ~(:'F I0 OCT 15
~'F FXI'I:N'I}I'~RE RI'F NOV 10 NOV 15
Nr)V EXPENI)FUJRE RP'r DFC I0 I)FC 15
I)I.'C I.~XPFN'I)FI'~ ;RE RI'T JAN lC. .lAN l 5
FINAl PAYMI.;NT kl:t)l.tl~g'l' I,'lCB 15 MAR I
CI, ~qE/)[~ PACKAllE FEB 2R MAR 15
N(. Ih #2:
N()TE ti ~:
Nt)TF
· At!'.'dn¢¢ ba,~:d ,n pfnlCt, lctl c.a.tll nccd
II li~l ~'l~dilur~ r:l.~l tcllctL4 Itsnd; duc I,.ck I- Ibc I)cp. rtmcnl
[(Cl~'tl ~l h.~ Advance B,~4 C,,BIIJcI< ~nn,,[ [~. qfl,nnltcd h, thc q[.dc Coml)twllcr
AAA~$~EA t~mt~u:l lul I~cn lully c~cclllcd and a C.l~' ~'nl I,~ Iht C-mpo,~llcs Accuracy ~nd limcly ~ccc'ipi
ci~nti,JI. ,n 41fl mt~q,~n h,f i,.~mcnl mdy ~ ,Icl.} c~J i,r ,Icmcd
A final ~cnl rcquc~l ma~ I~ cubmfl~d 1,~ flit AAA hy thc pvwidct up I. 45 d.s)s ullct {he conmsct ha~ cndcd
'~te la¢l Iwn mnnd ~ t,f thc I,-,vidci'¢ ti~al rcix~rt4 c,wcting aclual cx'~nditurc. ~h.uhl reflect an ad u~tmcnl rcpuvlng
If thc pr.vldo' rcq.e~l duc dale ,~ ,m ,) xvcc~'-c~,i ,~r 1. d,~ Iht dc,Mhnc ',~HI Iw Ibc prcccding Friday.
27
CASE MANAGEMENT
OAA SERVICE.~;
ATTACIIMENT ¥
1
Cam Management i,s · ~ervicc which a.~,,si~0s client~ in l:ainmg accc~.,s 1o needed ~'rv,ce~. including any needed medical, educational
and {H~t ~ic~, rcffardl¢~ o( l~ fumhng ~mrcc f,,r ~uch ~ervlccn, Ca.~ Inana~,el,. ,hall ~ re~tn~ihle fi}r ongmng monm~rmg
of I~ pr~isi~ of ~k~ iml~d in I~ chrnl'~ care plan. ~ey ~hall al~ inil~ate and nvcr~.e Iht pr¢~e~ of ~nt and
r~~t of I~ cli~('~ I~el of care and review dff care plan~ at ~Jfied mlc~al~.
Unit of Service -
one h~mr of direct service with or on behalf of a client, including Iravcl time rclated to client.
Time spent with a carcgivcr is also included when it relates t~, Ihe clicnt'.~'situation.
CHORE
Chore is defined z, performance of h~mse or yard La.~ks including .~uch.joh~ as ~a~,nal cleaning, cs~ntial errands, yard work.
lifting m~d moving, simple hrmseh~ld rcFrair~, i~t control, and household mamlcnancc toe eligible pcr~n.~ who arc unahlc to do
these ta.~k.s for themselvc.s hecat~c of frailly -r dimh~l,ly.
Unit nf Service -
nile h~mr of dlrecl ~ervfce ot on behalf of a clwnl.
CONGR£OATE MEAIJ
A Congrcgale Meal i~s ~ meal ~rved Io an chg,hlc pct.~,n tn a congrcgalc meal ~itc. which c,mphc.,s wilh Iht Dietary Guidelines
American.s. and mecls ~! Ica.~l s~)c-lhird of thc current d.'ly R~'-mrnendcd Di,~'tary AIt,~wan,.'c~ {RDA). as cstahli.,shed hy thc FaxJ
and NulrJfioll ~rd of the Nali~al Academy of
Unit of Service -
one meal ~crved Io an clil:ihlc per.son.
CONGREGATE NUTRITION EDLK'ATI~ }N
Congregate Nulrilion Educalinn is a fnrrn~l pro,ram of regularly .*,chcduled prcsentalion~ that prnrnole better he. alth by providing
ncCUnle and culturally ~nsitivc nutrition, physical ~lneg.~. or h~hh inf-r~lion related lo nutrition. Instruction is done in a group
~(ling. A dietician ~ individual of com~rahlc e~ [~r~i~ mull ovcr~c thc infl,r~lion provide.
Unil of Service - one cpi~xJe.
[IoM~ DELIVERED ,ME^IJ
A Home Delivered Meal is · meal which compilers with Iht Dietary Guidclinc.,s for Amcrscan.,s and mcct.s one-third of the current
daily Recommended Dielary AIIcrw-ncc.~ eRDA), served in thc home to a fi,ncti.nally impaired homchound older per.son.
Unit of Service -
one meal
28
Nmnlm I:.d~cm~rm i~ m G,rmal pr-~'r~,m (h,u pr(,n~,~ I~.-Ittr h~-~,ith h? pm'~dmg a,.'cur~l¢ ~nd ¢.hur~ll.v ~n.qt~v¢
~'~l~e~q. n~' heah~ Infm'mah~m tr¢l~ltd I- nulrm~m) I- ~ld(r~ .r Ihc~r ('~r~ g~v~r~ m ~n individ.~l ~ttin~. A
rtl trml~,ar~hle ¢i[~'rtm..e nlu~l ir~'¢r~ Ihe ml.rmat.m pr.vmdtd,
Unit of SetYicc - (me el~Jc ,-Hr f~c I,, I,h¢ ,.,hs,:~,l,~ ~th .~ h,,rnc-h~mnd ~h~'nl ,,r c,lrcgivcr. -r r,n¢ mailing or delivery of'
HOMEMAKER
tiotncnl~et Ne~'ice in defined ~ Ibc Kcnmph,~hmcnl (ff ..,~mSc h~,rnc managcmcnl dutic.,,, including hou~kccping, meal planninl~
and preparation, dx~inl' &qsi~,bnc¢ and routinc h~u.~ch~ld activities pcrformcd hy a trained homemaker.
Unil of Service
(me hnur r~f d,r¢cl r. crvi¢c.
i'tOUSIN O IMPROVEMENT
I'{rrd.~int! Imprcrvtmcnl i.~ define4 a.~ pt.v.hn~ h,,f~ rrp:~r~ r. alrcraf,,n~ f~,r an ~dw,hlc ~r~tn, <~f a~l~lance in obtaining needed
repairs ¢,t alterali~ f~t I~ clit. nl'~ h,,rtw,: ,~rr;,ng~ng f,,r h,,r~: mIpr~,s't'm~,nl gr.nr~ ,,r ],,an~; pr,tv.hn~ a~i~lan¢c h~ obtain
~uale ~nJn~; ~u~n~ libel ~ml mHIh~.~, and rr,,v~..,n .f p'~l extermm.fm[, ~'rs'~'e'~. }h~t~in~ Impr~)ve~nl may enc(~mpa~
r~ir~ requifin~ n ~il f-r c~rnplcf,,n.
Unit nf Service -
(mc h~mr .I drr¢, t
lnformatinn i~ defined a.q rtmlxmding tn an mq.,ry fr.m a I~r~,n..r -n hehalf ()t' a i",cr,,~n, regarding rc..~urcc.~ and available
Krvice~. il docs not rcquirc m-depth a.,'~.'~.,~n~:nl ~1' n,:cd, n,~¢ .,lih-,,.'qucnl I.Ih~w .D alltmDt.., h~ ~,c¢ :hal taller receive a ~cr','~cc.
is nnl d¢t~ned
convcr~alion. Infnrn'miinn al~.o d(.cq m,I rcq,mrc Ihat mlakc mnl,,rmat,,n he g~lhcrtd ,,n thc indi~'idual requesting inform-'lt,,m.
Media and /
Unit o~' Service -
('mc cpi,~,d¢ {,,nc per,em Inf,,rmed. )
LEGAL A~r, ISTA NC~
Legal Aui.'~ance i~ dcfined ~tq meanini~ 'Icl,al a~Jvlc¢ and r~'pr¢,~.'ntat,.n hy an ath)rnt..v (includinl~ tn Iht extent fca.qihlc, counseling:
or other epi?rnprialc ~,qi~tancc hy
reprc~nl~ljon h7 a nrmlaw)'cr when p:rm~llrd hy law,
inlcndod :o prolect thc h~.~j¢ civil nEh(~ '-,nd cn.~.rr Ibc aut-n~)my and indcl~.ndtncc nf ~)l(J~.r pcr.a~n,~. Cnrnmunity or grnup Icgal
educations shall not hc included in
Unit Gr.%trice - one hnur direrl ,~m'lc¢ wilt) ,)r .n tx.h.~lf ,)t a ~ht'nh
1
29
.o 16C 1
Outreach t~ defined e¢ makin~ ~tiv¢
~lh lar~ ~ nf ~ i~ mi~il~ elderly, ~king ~me-I~-one conlacl, id~nlifying Iheir ~e~ice n~. and encouraging
~ic~.
Unit of Service
indiv"J.al cnntact h~:tu,'ccn a ~:r~icc pr.rider and an elderly pcr..4~n; contac!
ami ei,neh~:t(,d
PL~LIC EDUCAT¥)N
Public Education i.q dc:fined an ~kin[~ t,/rr,,.l~ -r dl~lrl~.n~ ~lcr,.Is a~ml ~'r~'k',*~ and r~p~,rl.nili~s availahlc within
~m~nil~ ~ i~iv~l~ ~ ~hl~ Eal~rm~. Il I~ an ~,~ ~n'~c ~ d,lhrr~ tr.m Inhzr~h~n and ~tr~h m that Public
Unit r~f Sen~ke -
E~I~Ie ~c pcr~l inf,,tn~-d. )
REI~.RRAL
Referral i~ defined aq an ,l~*llVlf~ ~*her~-,n mfl,~rr~t.,n ,. ,,heam,*,l a~,.I a ~*r~'. n.',',l. Jn, I I~. ~'r'a,n ,q d[rrcfcd In a pamc.lar
r~; ~l with I~ te~,utce lq ~,b f,,~ Iht. ~,,n ~q nc~'d. I,,ll,,~-.p ~ ~ mandal.r? part of Referral and ~ conduclcd
~lh 1~ mf~ ~r~m ~ I~ r~mr~e ~r~m r,, l~frrmme l~ ~ll~,,.~ ~,l f~' rrtcrral. F.II,~w-.p munt ~ ~dc within ten
Unit of .~rvic¢ -
ep/~xJ¢ ~.r~ ¢,,nla~t with a client ~/r ,,m~ ¢onl~.'t ¢)n h..'hall' ~f a client i~ ~)n¢ unit cfi Referral.
~ unit ~f Referral r~ ¢~lnfcd when thc fl~lh~w-up i~ completed, )
S47R EENING AND
Screcning/A.~4~smen! in OAA Title III H I~ ,Jc;incd a... adrnlni.,(¢ring .~land;,rd cx.'.nmat.,n.,~. ~rcening in.~trumcnt.~, prc~cdurc.s or
tesls for Ihe purlx~e of gath,,t, rtng inf¢,rrr~f.,n ;~t~.t an applicant fl)r .~rvic¢.,~ .r a c.rrenl client I. determine need and/or eligibility
for se. rvic~.
Unit ol' .~rvice -
fmc h¢,ut wHh or on l~half .f applicant/client
TRANSPORTATK) N
Tr~six~rlation is defined ~tq Iravcl to or fr,,m ~rvic,: i~.~v~dcr.~ ~r c/~m.lum~y rc~,.rcc~.
Unil of Service -
one cl,¢n[ ,,n,:.way rap. (Thc ,~inglc entrance, travel t,) a dcstin.lion, and exit of' a client fr()m a
tran-,~'~rlatl,/r~ vehicle ,~ c~luntcd a.~ ~,nc unll.
3O
'Ti
-- ~ ~
.--
6 ~ >
16C
1
0
160 1
I.fF~ORANIX~
Date:
To:
From:
January 21, 1998
Ken Pineau, Director
Emergency Management
Ellie Hoffman, Dep~ty Clerk
14inures & Record.--; Department
14odi~ication #1 to Statewide Mutual Aid Agreement
Enclosed please find the original document referenced above
and approved by the Board of County Commissioners on January
20, 1998 (Agenda Item #16D1) . Please forward the agreement to
the Department of Community Affairs for the required signature
and upon completion, kindly return one fully executed original
document to Minutes & Records
If you should have any questions, please contact me at:
774-8406.
Thank you.
Enclosures
October 21, 1994
160
MODIFICATION #1 TO STATEWIDE M1/TUAL AID AGREEMENT
WHEREAS, the undersigned County/~i~ (strike one),
along with the Department of Community Affairs, Division of
Emergency Management (DEM) and various other counties and munici-
palities in the State of Florida, has entered into the Statewide
Mutual Aid Agreement'for Catastrophic Response and Recovery (the
Agreement); and
WHEREAS, the parties to the Agreement are desirous of
amending the Agreement, to revise provisions regarding the
handling of workers' compensation claims and to clarify and
correct certain other te~ns and conditions;
NOW, THEREFORE, the undersigned signatories agree:
1. The title of the Agreement is revised to read: "State-
wide Mutual Aid Agreement.'~
2. The introductory paragraph is revised to read: "THIS
AGREEMENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION
OF EMERGENCY MANAGEMENT, AND BY AND AMONG EACH COUNTY AND MUNICI-
PALITY'T}{AT EXECUTES ~ ADOPTS THE TERMS AND CONDITIONS CON-
TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:"
3. The first sentence of SECTION 1. ~, paragraph
A. "AGREEMENT" is revised to read: "the Statewide Mutual Aid
Agreement." The remainder of that paragraph is unchanged.
4. SECTION 1. D~, paragraph D. "AUTHORIZED
P~PRESENTATIVE" is revised to read: "An employee of a participat-
October 21, 1994
ing government authorized in writing by that government to
request, offer, or provide assistance under the terms of this
Agreement. The list of authorized representatives for the
participating government executing this Agreement shall be
attached hereto as 'Exhibit A,' and shall be updated as needed by
each participating government."
5. SECTION 1. DEFINITIONS, paragraph H. ,,PARTICIPATING
GOVERNMENT" is revised to read: "The State of Florida, any county
which executes this Agreement and supplies a complete, executed
copy to the Division, and any municipality which executes this
Agreement and supplies ~cc, mplete, executed copy to the Divi-
sion."
6. A new paragraph K. is added to SECTION 1. DEFINITIONS,
to read as follows: "K. 'MAJOR DISASTER' a disaster that will
likely exceed local capabilities and require a broad range of
state and federal assistance."
7. The initial, unnumbered, paragraph of SECTION 2.
PR0_~, is revised to read:
When a Participating Government either becomes
affected by, or is under imminent threat of,.a major
disaster, it may invoke emergency related mutual aid
assistance either by: (i) declaring a state of local
emergency and transmitting a copy of that declaration
to the Assisting Party, or to the Division, or (ii) by
o rally communicating a request for mutual aid assis-
tance to the Assisting Party or to the Division, fol-
2
October 21, 1994
lowed as soon as practicable by written confirmation of
said request. Mutual aid shall not be requested by any
Participating Government unless resources available
within the stricken area are deemed inadequate by that
Participating Government. Municipalities shall coordi-
nate requests for state or federal assistance with
their County Emergency Management Agencies. All re-
quests for mutual aid shall be transmitted by the
Authorized Representative or the Director of the Local
Emergency Management Agency. Requests for assistance
may be communicated either to the Division or directly
to an Assisting Party. Requests for assistance under
this Agreement shall be limited to major disasters,
except where the Participating Government has no other
mutual aid agreement for the provision of assistance
related to emergencies or disasters, in which case a
Participating Government may request assistance related
to any disaster or emergency, pursuant to the provi-
sions of this Agreement.
8. SECTION 2. ~_C~, paragraph C. REQUIRED INFORMA-
TION, subparagraph, 6 is revised to read:
6. An estimated time and a specific place for. a
representative of the Requesting Party to meet the
personnel and equipment of any Assisting Party.
October 21, 1994
This information may be provided on the form
attached as Exhibit "B," or by any other available
means. The Division may revise the format of Exhibit
'B" subsequent to the execution of this agreement, in
which case it shall distribute copies to all Partici-
pating Government~.
9. SECTION 2. ~j~, paragraph I. WRITTEN ACKNOWL-
EDGEMENT, is revised to read:
I. WRITTEN ACK~O~EDG~- The Assisting Party
shall complete a written acknowledgment regarding the
assistance to be rendered, setting forth the informa-
tion traz:smitted in the request, and shall transmit it
by the quickest practical means to the Requesting Party
or the Division, as applicable, for approval. The form
to serve as this written acknowledgment is attached as
Exhibit C. The }{equesting Party/Division shall respond
to the written acknowledgment by executing and return-
ing a copy to the Assisting Party by :he quickest
practical means, maintaining a copy for its'files.
10. SECTION 3. ~IMBURSABLE EXPENSES, paragraph A. PERSON-
NE~, is revised to read:
A. PERSONNEL - During the period of assistance,
the Assisting Party shall continue to pay its employees according
to its then prevailing ordinances, rules, and regulations. The
4
October 21, 1994
Requesting Party shall reimburse the Assisting Party for all
direct and indirect payroll costs and expenses (including travel
expenses) incurred during the period of assistance, including,
but not limited to, employee pensions and benefits as provided by
Generally Accepted Accounting Principles (GAAP). However, the
Requesting Party shall not be responsible for reimbursing any
amounts paid or due as benefits to employees of the Assisting
Party under the terms of the Florida Workers' Compensation Act
due to personal injury or death occurring while such employees
are engaged in rendering aid under this Agreement. Both the
Requesting Party and the Assisting Party shall be responsible for
payment of such benefits only'to their own employees.
11. SECTION 7. ~, is revised to read:
This Agreement shall be in effect for one (1) year from
the date hereof and shall be renewed in successive one
(1) year terms unless terminated upon sixty (60) days
advance written notice by the Participating Government.
Notice of such termination shall be made in writing and
shall be served personally or by registered mail upon
the Director, Division of Emergency Management, Florida
Department of Community Affairs, Tallahassee, Florida,
which shall provide copies to all other Participating
Governments. Notice of termination shall not relieve
the withdrawing Participating Government from obliga-
tions incurred hereunder prior to the effective date of
160 1
October 21, 1994
the withdrawal and shall not be effective until sixty
(60) days after notice thereof has been sent by the
Director, Division of Emergency Management, Department
of Community Affairs to all other Participating Govern-
ments.
12. SECTION 10. SEVERABILITY: EFFECT ON OTHER AGREEMENTS,
is revised to read:
Should any portion, section, or subsection of this
Agreement be held to be invalid by a court of competent
jurisdiction, that fact shall not affect or invalidate
any other portio~, section or subsection; and the
remaining portions of this Agreement shall remain in
full force and affec~ without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement
have entered into other mutual aid agreements, pursuant
to Section 252.40, ~lorida Statutes, or interlocal
agreements, pursuant to Section 163.0l, Elorida Stat-
utes, those parties agree that said agreements are
6
!SD 1
October 21, 1994
superseded by this agreement only for emergency management
assistance and activities performed in major disasters, pursuant
to this agreement. In the event that two or more parties to this
agreement have not entered into another mutual aid agreement, and
the parties wish to engage in mutual aid, then the terms and
conditions of this agreement shall apply unless otherwise agreed
between those parties.
13. The document attached to the Agreement and formerly
labeled "APPENDIX A," is revised to be titled "EXHIBIT A" as
indicated in the attached EXHIBIT A. The document attached to
the Agreement entitled "REQUIRED INFORMATION" is revised to be
titled "EXHIBIT B" as indicated in the attached "EXHIBIT B." The
document attached to the Agreement and entitled "ACF~NOWT~EDGq4ENT"
is revised to be titled "EXHIBIT C" as indicated in the attached
"EXHIBIT C."
14. This Modification shall become effective only as
between those counties and municipalities, and the State of
Florida, when they have actually executed a copy of the MODIFICA-
TION #1 TO STATEWIDE MLr~UAL AID AGREEMENT containing identical
terms, and when that copy has been executed by the State of
Florida, Division of Emergency Management.
7
Oclober :2 I, ! 994
IN WITNESS Wt IEREOF, the parties set forth below have duly executed this Agreement
on the date set forth below:
FOR. TI IE COUNTY'
COLLIER COUNTY
FOR THE DEPARTMENT:
STATE OF FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, DIVISION OF
EMERGENCY MANAGEMENT:
BY:
Authorized Department Official
Name/Title
[)ale
,;ss/i .'/
· ///
DWIGiiT E. BRO('2,~, CI.[:.RK
· ·
Approved as Io Form ancJ l.cgal Sufficiency
Thomas C. Palmer. Assislant County
Attorney
16D I
October 21, 1994
STATEWIDE MUTUAL AID AGREEMENT
E~HIBIT A
.JANUARY 9.j__l 9 9 8
£ollier C, ountv
Date:
Name of Government:
Mailing Address:
3301 EAST Tamiami TiLr. a.~
Naples, Fl, 34112
City, State, Zip:
Authorized Representatives to Contact for Emergency Assistance:
Robert Fernandez
Name:
County Administrator
Title:
Address:
(911}
Day Phone:
Same as above
774- ,, 83
FAX No.: (9,11) 774-401p
Mike HcNecs
Name:
Night Phone: (941]261-0010
Title: Assistant ',:ountv Admi/listrator
Address:
(9,11)774-8383
Day Phone:
_2nd Alternate Representative
Name:
l, eo Ochs, .Ir.
Night Phone:
(941)793-7880
Title: Support Services Administrator
same as above
Address:
Day Phone:_[O41)774-R~6~
Night Phone: (941) 513-2024
9
16D 1
October 21, 1994
EX~IIBIT B
STATEWIDE MUTUAL AID AGREEMENT
REQUIRED INFORMATION
Each request for assistance shall be accompanied by the
following i~formation, to the extent known:
1. General description of the damage sustained:
2. Identification of the emergency service function for which
assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and engi-
neering, building, inspection, planning and information assis-
tance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
10
!6D 1
October 21, 1994
REQUIRED INFORMATION (continued)
Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed:
4. The amount and type of perscnnel, equipment, materials, and
supplies needed and a reasonable estimate of the length of time
they will be needed:
11
October 21, 1994
REQUIRED INFORMATION (continued)
5. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and ser-
vices~
6. An estimated time and specific place for a representative of
the Requesting Party to meet the personnel and equipment of any
Assisting Party.
12
October 21, 1994
EX}{IBIT C
STATEWIDE MUTUAL AID AGREEMENT
ACKNOWLEDGMENT
TO be completed by each Assisting Party.
NAME OF ASSISTING PARTY:
AUTHORIZED REPRESENTATIVE:
CONTACT NUMBER/PROCEDURES:
1. Assistance To Be Provided:
Resource Type Amount Assignment
Est. Time Arrival
Availability of Additional Resources:
3. Time Limitations, if any:
13
MEMORANDUM
Da~e:
To:
~om:
P.e:
January 2i, I998
Jean Merritt, Manager
Franchise Administration
Ellie Hoffman, Deputy Clerk
Minutes ~ Records Department
Grou;~d Leaf;e Agreement for Communication Tower
Enclosed plc. a~e find two orioinal documents as approved by the
Board of County Commissioners on January 20, i998 (Agenda item
~16E1). I have retained one original for our files.
if you should have any ques[ions, please contact me a~:
774-8406°
Thank you.
Enclosures
GROUND LEASE AGREEMENT FOR
COMMUNICATIONS TOWER
EAST NAPLES COMMUNITY PARK
Tills (;ROUNI) I,EASE ~X(iREESIENT ("l .casc" ). is entered into
effectively on thc _,90_~_ ,la),, of ~,'~~rJ . 199~,. thc ("('ommcnccmcn!
Date"). and between thc two (2) parti(:s: (\~llic~ ('ounty' (' OWNI'~I),") and Primc('o
Personal ('ommur~icati(ms. i,.P., a l)clawarc [,imitcd Partncrsl'~ip. (hcrcinal'tcr
either "P('S" or "TENANT"). Thc parties agree ils follows:
I. The Properly:
Owner's l'roperty; The I,eased Area; And Tenant's
Property.
A. OWNI!R mvns a parcel ~I' land that has thc lbllowing address: 3500
'l~omasson Road. Naples. Florida. herein called ("OkVNI~R's I,and"), which is
shown on attachcd i{xhibit Al. 'I't{NANT is in thc communications business and
desires to lease land and an access casement thereto, rct~cd to herein collectively
as thc I,I~ASEI) AREA. OWNER's property is a parcel of land that is larger in
ama than thc I,lbXNEl) ARI.~A whereby thc i,EASED AREA is but a part oF
OWNER's l,and. Ail personal property brought onto thc I,EASt':D AREA by or
on behalf of TI~N.,XNT is rcl~rrcd to herein as "Ti(NANT's Property." Any
personal property br~mghl onto thc I,I';,,XS[LI) ARI{,,X by ()WNi~R or on behalf of
()WNI{R is rcfgrrcd l{~ herein :is "()WNI'~R's ['ropcrty." Any property brought
onto thc I,I.;ASEI) ARILA by any third party is rcl~'rrcd to herein as "Third I'artv
Property."
B. ()WN!!R hereby {cases thc I.I(ASI:.I) ,,\RI(A to TI!NANT. This l.casc
is not a Franchise under any lav,', rule or regulation. Thc I.I!ASI!D ARI!,,\
comprises 2.5¢10 square l'cct of land' a 5(') foot bv 50 foot parcel, plus a~ acccss
easement thereto: both ~1' v.'hicl'~ arc ;is slmxvn on thc attached I(xtlibit A.
('. ()WNF, R and TF, NANT ("thc parties") hereby agree that tile
1,EASED AREA may bc surveyed by a licensed survcyc~r at TI'~N,,XNT'S costs.
which survey may replace Exhibit :\ and become a part hereof and shall supersede
the Exhibit A in thc event of any discrepancy bet`'veen such sun'e))' and thc general
reference description o1" Paragraph l.B., above.
2. Access Easement. OWNER hereby grants to TENANT a non-
exclusive access easement (during the entire life of this lease) for free access to
the LEASED AREA seven (7) days a week, twenty-four (24,) hours a da))'. 365
days a year. No above-ground structures shall be constructed in that access
easement without the expressed written consent of TENANT. Refer to "Access
Clarification Addendum." attached hereto, regarding this paragraph.
3, I,ease Term And Rent.
A. RE.VT P..t E.1B£E l.V .~/O.\'E}'. This lease has an initial term o1: ten
{'10I ?'ears from its ('ommencemcnt [Date. The initial annual rent shall be
'4-t:¢.,,-~-,~ '..'~,,-'~"r~ 7;',2. :',,rtl,m,',' :;.a~.azt,S ,,q,--,~.m ). pro-rated at 1/17 of the total per
month. One ))'ear's annual rent shall be paid annuall))' in advance beginning on the
Commencement Date. and thereafter not later than each anniversary of the
Commencement Date. R. er~t shall be paid to OWNER ('or as OWNER may
othenvise direct to TF, NANT from t~me-to-time in `'`"tiring at least 30 days bctbrc
the respective nex~ rent payment duc date). F'rior to and until the first dav of ti~e
month following cornrncn,:emcnt of dcli`"cr))' of an))' of TENANT'S property' onto
the I,E..\SED AR[iA. thc ..\nnual Rent shall he ()nc [lundred Dollars (SlO0.O0).
twelve ~I 2) months of ,.`'hich shall bc prepaid In advance. Any unearned balance
thereof shall be credited against TENANT'S first payment of the initial annual
rental. In the event that TFNANT has not delivered an.,,' of its Property to the
LEASED ARE.-', prior tu the first annlversao' date o[ this lease. TENANT ma,,'
either terminate this Agreement lbr xvhatcvcr reason t:pon written notice to O,.,.'ner.
without further obligation or ltability to ()\\'NER' or TF.:',,'ANT ma.,,' elect that this
Agreement remain in lull ll)rcc and effect. It' this Agreement remains in effect, the
5; 100.O0 per month rent shall auton'~aticallv ~ncrease to the specified annual rental
per .,,'ear. payable in full for thc second lease ','car not later than the first
anniversary date of this l.easc. TEN..\NT shall throt~ghout this lease pay O\VNER
a late pa.,, mcat charge equal to Ii,,',..: percent (5",,) of an,.' mc, nthly rental pa.vment
not paid promptly `'`'hen dt~e...\nv amounts not paid x,.ithin thirty {30)d;.lvs of its
due date shall also :tccrue interest of t,,`'o percent 12",,) per mt)nth or at the highest
................... II I ......... ~illl-' ........ IIII I I .... IIII III ...... I ....~ IIII ~lll~mlllm~
interest rate then allo,.vcd by la,,,.', whichever is thc higher rate. which interest shall
be paid bv TENANT to {}WNI.LR. /\s additional one-time consideration lbr thc
execution of this I.easc by OWNF. R. TENANT ,.,,'ill pay OWNER thc sum of
t.,m thousand dollars (S t0,r'x'~.m ) to be used bv OWNER to make
improvements t() OWNF. P,'S I.,.\ND.
B. (.'..ISII DEf'051125' B)' I'E.V..t.VI'. TENANT shall also at thc time of
the payment of thc first annual rent. deposit v,,'ith ()',,VN[!R a refundable rent
::ecurity deposit of t,.vo month's rent plus ten thousand dollars ($10.000). which
deposil may be used by OWNER in the event TENANT breaches this [.ease and
any breach results in ~')WNER incurring expenses that would have not been
incurred but fi)r TF.N/\NT'S breach, including expenses lbr removal of an.,,' of
TENAN'F'S property tinclud~ng thc tower) from ti'to I.EASfil) /\RI'iA. It' in time
OWNER deems such deposit. ~vitl~ accrucd compounded interest accrued thereon.
to be insufficient to insure the necessary funds to be available to remove thc tower
and all other of TENANT'S property from the [.['.',,\SED AREA. TENANT shall
increase, that deposit as demanded in writing bv OWNER. but not to exceed fifteen
thousand dollars (515.000) unless OWNER has good cause to conclude that such
projected actual costs ',,.'ill exceed the then existing security deposit. OWNER
shall have all rigl':t and title to interest that accrues on all security deposits. It' the
parties hereto sho:~ld enter one or more other to`.`.er site leases at one (1) or ~llore
other siles, this dei')os~t may hc applied bv {)',.VNI!P, to any {me. some. or all of
said other sites.
C. I.E..I.$'/:' t:'.\"I'EY,'.¥I(),V.S'. This lease shall have an initial term of ten
(10) .','ears. Provided ()WNIiR has not then delivered to TENAN'F notice that
OgVNER has dcclanxl 'I'I(N:XNT t,.) be in delk~ult ol*th~s I.ease. this Lease shall be
automatically c.xtcndcd liar live ~5)adcliti~mal years thc end t~f Iht initial term of
Ion (!0) >'ears provldcd that r~ot more than three hundred and sixty (360) days
prior to the last day ,~1' thc tenth (I ()'~')lease year and not less than one hundred and
eighty days (ISO} pn~r to that date. TENANT advises ()WNIiR in ~'riting of
TENANT's intention ~ to extend thc l.case. Failure to supply such written
notice shall operate as an extension of this l.case e/'f~ctivc on thc last day et' the
tenth (lOth) lease year. AFTI{R Tilt{ FIF'I'EEN'I'tt t.I{A5I{ Yt{AR' I'rovided
OWNER has not then delivered to TtiNAN'I' notice that OWNER has declared
TENANT to be in dclkiult of this i.casc, this I.easc ma~ be extended tbr an
additional li~'c (5} years at thc c~ltt of tile fil'tccnth (I 5th)lease year provided that
not more than lhrc'c hundred and sixty (3()()) days prior to the last day of the
''£
fiftccnth (15'h) lease year and m)t less than one hundred and eighty days (180)
prior to that date, TENANT advises ()WNI!I,', in writing ()t' TI:.NANT's intention
to extend the I.casc anti commence negotiations in that regard. (Jnless at that time
waived in ',,,'riling by thc Board of County ('ommissioners. failure to supply such
writlen notice shall operate as a termination of this l.case effective on thc last day
of the fifteenth (l.Sth)lease year.
D. ,,IUTO,~,L,I'IT(' REN7' IN(~'Rt'2.1SES. ('ommcncing with thc sixth
(6'~') lease year. the annual rent fi~r sixth lease year through thc tenth lease ycar be
the annual rent for thc fifth lease year multiplied by one hundred and twenty
pcrccnt {I 20%). ('ommcncing wi0~ Ibc first day of thc eleventh (I 1~') lease year.
Ibc anntlal rcnl Ibr clcvcnlh lease year through thc t]flccnth lease year shall be Ibc
rcnl for the lClltJl lease )'C;Ir multiplied by one hundred and tWC~lty percent (12()'~'/,).
which should be one hundred and Ibrty-tbur percent (144%) oI' thc rent lbr thc
fifth lease year. If Iht I.casc. by mutual agreement, is extended beyond thc
fifteenth (15'~') year. ~hc existing zmr~ua[ rent lbr thc sixteenth (I 6'~) lo,sc year shall
nol be less lhan (mc huntJrc~t and seventy three (173%) of thc rent fi)r the l]I'th
lease year unless agreed ~thcp,visc. gubjccl to OWNER'S timely receipt Of SLICJl
wrillen nolicc of'I'ILNAN I"S intention to extend thc lease beyond thc lit~ccnth
(15'b) lease year. OWNER and TI~NANT will negotiate in good thith to come to
mutual agreement regarding terms and conditions of that extended lease term.
which will become applicable as of ~hc first day of Ibc sixteenth (I 6'~') lease year.
If OWNER receives cl't~ctivc /IoIJcc t~} cxlclld thc I,casc but thc parties can not
mutually agree to extcntl thc [c,~sc on or hclbrc thc last day of thc I~t'tccnth(15'~)
lease year, thc lease shal~ terminate on thc last day of thc fifteenth (I 5'h) lease year
unless Ibc parties then agree m continue the negotiations.
4. Use ()f The i.eased .~,rea and ,~laxi~num lleiRht ol'Structures.
A. TIiNANT shall use the l.li,,\Sl(l) AI?,i(,,\ It) construct, replace.
maintain, repair, and operate its communicatior~s tk~cilit~cs, consisting of one
monopole communications ~owcr that shall not exceed a height of One l lundrcd
and Fifty (150) l~ct above ground level ("AGI."), exclusive of any and all
antennas that will be installed thereon: antenna support structures and/or related
operational facilities may be constructed on or near thc ground within the
LEASED AREA. 'Fl':NANTshall license part of thc tower and needed I.EASEI)
AREA to third parties, and usc thc leased area lbr any other then lawlk~l uses
dircclly related Ihcrcto. N,} antenna or olhcr thing installed on thc tower or at thc
LEASED AREA shall exceed a height ofOne ltundred and Fifty Eight f 15,"¢) feet
AGL. Subject to other provisions regarding approvals and technical spccifications
related thereto, any anti all antenna arrays (including those of Third Parties) may
from lime-to-time be modified, added to, or substituted from. Each structure may
be configured as requested by TI'~NANT from time-to-time, provided TENANT. at
its sole expense, obtains all permits and/or other approvals required by all
applicablcjurJsdictions, including OWNt!R, for each configuration.
B. PL/IN.'~' REI 'IEII' BY OIIWER.
i, ()WNF, R shall have Ibc right lo review anti approve all plans fi~r any
and all improvements ~nstallcd within thc I,I(ASI~I) AREA, which approval shall
nol be unrcas(mably withheld or unreasonably delayed. Prior to commencing any
conslruction. 'I ENAN'I (and each Third Party) shall submit a copy of its plans and
specifications tbr all improvements to ()~VNER tbr review and/or approval.
improvement, construction, installation or alteration shall bc commenced until
plans For such have been approved by ()~VNER and any and all applicable permits
have been issued to authorize same. Suct~ plans shall include, if applicable to the
improvement, fully dimensional site plans that arc dra~vn to scale and show: (i)
the proposed location of Ibc antennas and equipment: (ii) any proposed changes to
the landscape: (~ii) thc proposed type and height and type of Fencing: (iv) thc
proposed color ~1' all structures, inclt, ling t~ncing: and, (v) thc proposed type of
constniction Ibr all structures, including tYncing, and any other relevant details
ti]at OWNILR may rctlUCSl in that instance.
ii. All impr~,vcn~cnts sl~all hc constructed in a workmanlike manner and
shall be completed ~n c~m~pliancc with all then applicahlc laws, rules, ordinances
and regulations. Improx'cmcnts to or within thc I,EASI(I) ARI(A (and within thc
easement access area) shall be at no expense to ()WNI(R. TENANT and all
l.iccnsccs shall :ll~v~tys ~naintain all o1' their imprt)vcmcnls in a reasonable and
functional condition througi~ot~t thc li l~ of this l.casc to thc reasonable sati:~thction
of OWNER.
iii. 'I'I~NANT shall allow OWNI.~R frcc access to O\VNER'S personal
property within thc I.i:.ASF. I) AREA at all reasonable times that OWNER desires
such access. In thc unlikely event that OWNF. R may be rcctuircd by law to install
other personal property within the I.F. ASF. D AREA, OWNF. R reserves thc right to
do so free of charge pr~vidcd such property docs not materially harm full usc ol'
the tower by 'I'I:,NANT and/or hy any third party licensee whether or not then
actually present on thc tower or thc I.i!ASf!I) AR[!A.
is'. OWNER has no knov;Icdgc of any potential rcquircmcnt to install
any such property within thc I.I!A.";EI) AREA. If thc I.IiASEI) AREA is in a
park, landscaping and security fcncing arc of particular concern to OWNIiR: And
therefore TENANT shall bc required to install, rcpair, and maintain landscaping
and security fencing to thc rcasm~ablc satisfaction of()WNf'~R.
('. ,.I l' LE,.IST 771REE ('O),I,ilUNIC/I TIONS
i. 'lhe lo,,ver and all other Ihcilitics shall be designed and conslructcd so
as to ncconmm(btc at least three {3) separate commur~ications systems. TENANT
shall have thc cxclus)vc r)ghl I() usc all parts ()f thc tower that arc ah(~vc
l lundrcd aml li)rlv-Iivc (145)t'cc't ab(we gr(nimt level ("A(;I.").
ii. 'I'I!NANT hcr(:by grants to ()WNER thc option (by license) to utilize.
tFce from thc payment of any rent or any other charges whatsoever, that thirty tbot
(30') wide porli()n (band),)f thc tower between Ninety [gf)) l~ct AGI. and thirty
(30') Feet above that level ()WNI(R may advise TENANT at any time(s) of
OWNER'S desire lo usc such area. but ()WNI(R shall not bc required to make its
decision{s) regarding its usc ~1' that area except in response to a bona fide of tUt
from a Third Party to 'I'IiNAN'I to license that space. ()~VNER may take u~J~
sixty (60)days I}Orll thc receipt t~l'notilScation by tenant that all ofl~r t?om a Thi:'d
Pa~y has been received, which notice shall describe thc oft~r in detail, to make its
decision. II'()~VNI;R dcci(Ics thal it docs not desire t() usc space fi)r its oxvn needs
or for thc usc and benefit et'any other ! ~scrs. ()WNI!R will not exercise its option
Io use that space and that ch:cis~on shall thereby immediately release that space
TENANT For licensing to that 'l'hird Party. TIME IS ()F TIlE ESSI!N('I!
regarding OWN[iR making ~ts decision and ()WNIiR must notil%' TENANT of its
final decision at 'I'I!NANT's earliest opportunity.
iii. 'l'hesc valuable assets arc to bc used and shall not be reserved for
remotely possible future uses. 'FIiN.,\NT shall grant a non-assignable license to
the remaining area(s) on thc rev,'er. {and such ground space as is then required) to
a Third [>arty or Parties on such lawful and reasonable terms and conditions as
chosen by TI!NANT. If space that is subject to ()wncr's option is liccnscd to a
Third Party and that license comes to an end because that third party licensee no
longer desires to utilize that space and that license is not assigned or otherwise
transferred to any other responsible party, that circumstance shall automatically
reinslate OWNER's option to elect to use that space, which option OWNER may
then exercise or may wait until there is another offer from a Third Party to usc that
space, lfOWN[:.R decides to use that space. OWNI'~R shall be required to meet
lhe lemls of the el'for 1'1'O111 lhe Third l'arty, except thc total amount oF rent and, or
olher payments that OWNER must pay to TI!NANT shall never exceed the rent
then payable to ()WN ER by TI!NANT.
ix'. In Iht event OWNF. R desires lo install Ccluipmcnt on the Tov,'cr.
OWNER. at (')WNI!R's expense, shall submit lo TENANT thc Following: (a)
detailed site plans as ,,veil as plans and specifications setting tbrth lite proposed
nnlennn and nil olhcr Ccluipmcnl. as \veil as all constructi~m, installation, and other
work Io be pcrlbrmcd ~m II~e Tower and i,liASI{I) ARIiA; and (b) a list of all
frequencies lhen currently or Ihcn anticipated to be licensed, assigned or otherwise
gmn~ed m ()kVNER by ~hc F('('.
v. !I' required hy TENANT. OWNER shall also st, bruit a structural
analysis of the To,vet addressing the installation of additional antenna and other
equipment 011 thc 'l'oxvcr a,d demonstrating that the installation oF such items xvill
not exceed the wind I~ading or other relevant capacities oF thc Tower. OWNER
shall not install anv cquiF)~ncr~t OF COlllmerlcC arty work on the Tower or the
I.EASI'.'I) ARI-ZA until 'I'IENANT approves, in writing, thc ()WNI:.R's plalls and
specifications, fi'cqucncics, and structural analysis, it' any; st,ch approval to be
given in TENAN'I 'S rcas.nable discretion.
vi. ,VO:V-I,VI'I:'RRt/I'ITON..INI) :VON-INI'ERI"EREN('E. No activity
an)' user or any representative of any user shall interrupt or unrcasonabl
inlcrtZ'rc with any ~pcration el'any other users of thc I.EASILI) AREA.
D. I'lliRI,) P,,IRT'}' LIE'ENSEES.
i. Each license (which includes each user of the tower) shall always be
subject to all terms and conditions of this l.ease, and each license shall be subject
to review and approval oF TF. NANT. OWNI!R has the right, but not any duty. to
review each proposed license, tSsc of tile tower and site by ()WNER and each
Third Party shall he sul~.jcct to written approval by TENANT upon such reasonable
terms and conditions as may be required by TENANT. TF. NANT makes no
rcprcscntations to ()WNI:.R or to any Third Party that thc i.[:.ASF. D AREA. thc
tower or/or any other thing w~ll bc suitable fi)r OWNI~R's needs or any needs of
any 'l~ird Party. and 'I'[~NANT has no obligatim~ to modil~ anything to suit
OWNER's needs or needs o~' any Third Party. l~ach [.iccnscc shall be solely
responsible fi~r thc cost o1' locating and placing its property on thc tower and on
the LEASEI) AREA. lLach I.iccnscc shall also bc rcsp~msiblc fi~r any liabilities
that may arise from that l.iccnscc's usc of any part of thc I.EASED AREA.
including the tower. 'I'I~NAN'i' shall promptly notit~ ()WNER in writing oF all
license rcqucsls which Ti{NANT receives fi~r usc {~t' thc 'l'{~wcr or any other part of
the LEASED AREA.
ii. [:.ach 'l'hird I'arty, at that Third Party's expense, shall submit to
'I'ENANT thc Ii)Ih)wing: Iai detailed site plans and with specifications setting
foflh thc proposed antcnr~as ami {)thor equipment, thc height and location of' such
antennas and olhcr equipment, and thc c{mstructi~m, installation and olhcr.work to
be pcrfi~rmcd {m thc 'lm,.cr and on thc I.EAStL[) ARIMA; and (b) a list of all
frequencies then cu~cntly or then anticipated to bc licensed, assigned or otherwise
granted to thc Third Part5 by thc F('('. If requested by TENANT, thc licensee
shall supply to TI~NANT a structural analysis of thc Tower addressing thc
installation of a,lditional antennas and other equipment on thc Tower by the Third
Party and demonstrating that thc installation of such antennas and equipment will
not exceed the wind loading or any other relevant capacity of thc Tower. Thc
Third Party shall not install any equipment or c~mamcncc any work {m thc Tower
or the I.EASEI) ARibX until TI{NANT approves, in writing, thc Third l'arty's
plans and specifications, /?cqucncics. and structural analysis (if any), such
approval to be given in 'I'I~NAN'I"S reasonable discretion.
iii. Each Third t'arty's usc of thc Trover and I.I'~ASF. I) AREA shall bc
limited to thc antcnna:q and olhcr equipment anti frequencies approved and
expressly agreed upon in ;itlvan¢c by 'I'I'iNANT.
ix'. F. ach Third i'arty's installation, usc and occupancy of thc 'Fowcr and
LEASED AREA shall bc in continued compliance with all then applicable la,vs.
regulations and requirements of all I'cdcral. state, anti local authoritic.,-s includine.
tim FCC'.
v. 771IRI) /',.IRT}' .,I,%'U,~If'I'I()N 01" RISKS ,,IND INSUR..t,,V('E
REQUIRI£MF. NT,¥, l!ach Third I>arty shall assume ;.ill risks in connection v,'ith the
installation, opcrati(m, nlainlcnance, repair, replacement and r~mov~l of its
~ntcnn~s ~nd ~11 other prop~rt~ located on Jh~ I.EA~I~D ARILA, includin~ th~
Tower. Each Third Party shall maJnlain commercial ~eneral liability insurance
insuring a~ainst liability Ibr personal injury, deati~ or damage to personal property
arising out of use of the 'I'(~ver and tile [.I~ASIL[) AREA by the Third Party. ~Lich
insurance shall provide coverage (in an amount of not less than one million dollars
($1.000.000.00) for bodily injury or death to any one (I) or more persons and in
an amount not less than ~mc million dollars ($1,000.000.00) tbr property damage
and shall include a c~mtractual liability endorsement naming TENANT as an
additional insured on such policies. All insurance policies shall be written with
insurance companies qualified to do business in State of Florida and shall alxvays
provide Ihr (require) thirty (30) ~lays written notice ~ TI.~NANT prior to
canccllal~(m, ('crlllicatcs (~1' such policies shall be delivered t~ 'I'ILNAN'I' prit~r to
lhe installation of thc Thir~l l'arty's equipment. Further, each Third l'arty shall
reimburse TENANT Ibr any damage to thc '['ower and TKNANT'S equipment,
and shall be required to indemnity, and hold TlCNANT harmless l?om any and all
liabilily, claims, demands, actions, losses, damages, orders, .judgments and any
and all costs and expenses including, without limitation, reasonable attorneys lk'cs
and costs, arising I?om or incurred in connection with claims lbr in. jury to persons
or propcrb' c;.~uscd by thc act or omission o1' such 'rhird l'arty or its respective
agenls, contractors or cmplo?ces including, without limitation, thc usc of thc
Tower. the I,ILASILI)ARIMA. and tilird party's equipment, and thc breach of any
contraclual obligation t~ ()WNKR ami/or TlfNANT.
vi. .~utu,:ct t~', pr~wisions t~ ti~c contrary in thc spccit'ic licensing
agreement, thc Third I'arty's ~iccnsc is ass~gnal~lc or othcr~vJsc transtL'rablc to a
responsible party thai as:4urncs ~}t' thc 'l'hird l'arty's duties and obligations.
vii. 'I'I']N,,\NT and ()WNtLR shall have tile right to have a representative
present during the installation ~)/'cach Third Party's antennas and other cquiprncrlt.
,.'iii. lfach Third l'artv's installation of antennas and other equipment on
the Tower and thc I,EASE[) ARimA shall be pcrlbrmcd on dates and at times and
within time t?amcs approved by TENANT in writing and shall not interrupt or
interfere with thc operation ofTI~NAN'I"S communications system or TENAN'F'S
equipment unless TENANT agrees in writing to such interruption or interference.
F,. ,'~I,,IINI'I.:,V,.IN('I:'. I?I.:I',,IlR ,.I,VI) REI'I,,,I('I:','tlENT 0I.' t:'R()PER7')'.
i. TF, NANT llltlSt maintain, repair and replace thc Tower. and all of its
cquipmcnl and all of its property Io Ibc highest quality construction, repair
and maintenance standards during thc entire life of this [,case.
ii. 'I'o protect thc integrity of the Tower. all n'laintcnanc¢, repair and/or
replacement performed on ()WNtiR's Property shall always bc donc in a
workmanlike manner consistent with TI!NANT'S high quality construction
standards.
iii. 'Fo protect the integrity of thc Tm, vcr, each Third l'arty agrees herein
(and must in its license agreement agree) that all maintenance, repair and/or
replacement pcrfi~r~ncd by il ~r ~)n ils hot,alt' shall alxvays hc done in a
workmanlikc manner collsislclll with 'I'[(NAN'I"S t~igh quality construction
slandards.
ix'. I'L,,U~' REI'I/:'II' B)' I'EzX':,I;VI~ Sub. jeer to the exceptions noted in the
paragraph Iv.) belin,., prior to the commcr~ccment of any other thar~ ordinary
maintenance, repair or replacement work on OWNER's Property, OWNER
shall submit t~ TISNANT fi~r approval plans and specifications of thc
maintenance, repair and replacement work to hc pcrfi~rmccl. TI!NANT Shall
have thc option t<~ c~)mnlcnl upon such plans, spccithcations and contractor
prior to thc commencement of any maintenance, repair or replacement
work. ali at thc l'ropcrty t)wncrs' expense.
v. ORI)IN,,IR}' ,~I.,IINTh'N,,IN('Ii. REI'.,IIR ..fNl)
Notwithsta;'~ding any other provi.sion in this l,casc, each user of tile tower
~ll;.ly conduct its m,;~intcnancc, repair ami/or replacement provided same
consist.s of only c,'dii~ary maintenance, replacement or switching of
component parts and docs not increase thc height of thc tower, cause any
antenna or other thing Io exceed thc maximum height allowed tbr that
antenna or other thing, or add to thc tower so as to increase the maximun~
total wind loading then being allocated to that user, or otherwise constitute
any material change to any site plan, building plan, or other permitted usc.
Ail such actix itics that ch~ llot then require a building permit or any other
fi~rmai authorization t?om any other ('ounty l)cpartmcnt shall he approved
by letter of summary authorization lFom thc f:ranchisc Administration
Department or by thc ('ounty Administrator or his/her designee. Such
(minor) changes by any user of thc tower shall not require any tbrmal
amendment or addendum m this i.cnsc ur require any approvnl by OWNER.
TENANT. any Third I'~rty. or l?om Board of County ('ommissioncrs. Thc
person who grants sucl~ sUmnlary approval shall concurrcntly deliver a copy
each such letter ~f approval to all other occupants (users) of thc I.I!ASt~I)
AREA for intbrmational purposes only.
vi. NOIYf'E TO 17'/N/INI' 01" NEI:'I) TO ILl l"1'; IW)',%'I('/IL ,,I('('E,%'S TO
77IE 7'OIVER OR I.E,I,S'EI),,IRE,,I. \Vhcncvcr possible. OWNF. R shall
provide TENANT with at least tbrty-eight (48) hours notice prior to any
maintenance, repair, replacement work or any other activity that will require
access to thc Trover
lhcrc is a Ri(A~()NAI~I,i~ immediate nccd h~ cxcrcisc police poxvcr) in
which case notice sh~ll be pr~witlcd t,~ 'FI(NAN'I' not later than twcnty-tk)t~r
(24) hours after access to thc Tower or thc I.I~ASt{I) ARIMA has occurred.
TENANT shall have thc right t,~ have a representative present during any
non-emergency maintenance, repair or replacement by OWNER (or Third
Party I.iccnscc) that will require access to thc Tower and/or to thc I.t~ASED
AREA.
F. I/',TERI"f:'RI'i,.V('E. F. ach user of thc tower must bc able to) conduct its
business thereon vvillmul electrical interference from any olhcr user of the tower.
TF, NANT agrees to install comrnur~icaticms equipmer~t of a type and lkequcncy
which will not cause inlcrlk'rcncc with ()WNILR's equipment at thc I.ILASILI)
AREA. In thccvcntTILNAN'i"S equipment causes intcrtgrcncc with OWNfLR's
equipment at thc I,I.TANI~I) ARIbX. TILNANT will take all steps necessary to
co,cci and eliminate sucl~ intcrl~rcncc at TI{NAN'I"N st)lc cost and expense.
OWNER agrees not t,~ allow any I'uturc use of ()WNI(R's equipment or addition
and/or modification t~ any current usc of thc 'l'owcr t)r ()WNI~R's properly that
causes intcrl~rc~ce with or thc ~mpropcr t~peration of thc Tower, 'I'I~NAN'I"S
equipment, or any of 'I'I(NAN'I"S communications signals or any system. If any
addition or modilqcation to thc OWNER's equipment causes interl~rence with
TENANT'S equipment or communications signal and/or system. OWNER, upon
notification of such intcrtbrcncc, agrees to promptly remedy such intertkrence at
OWNER's expense until such intert~rence is corrected to TENANT'S reasonable
satislhction. In the event ()WNi(R and 'I'I(NANT cannot resolve such interl~rence
problems, ()WNI(R and 'I'I(NANT agree to resolve any intcrt~rence dispulcs by
arbitration which shall hc pcrlbrmcd in accordance with thc Rules of thc American
II
Arbitration Association. Thc arbitration decision/a~xard shall he binding upon
OWNF. R and upon TENANT and may bc entered in any ('ourt havin~.jurisdiction
thereof. OWNER and TI~NANT agrcc that thc costs associated with any
arbitration shall be bomc by 'I'I~NANT ifTI(NANT is thc cause o1' thc intcrlL'rcncc
or by OWNI~R iF()WNI(R is thc cause of thc intcrl~rcncc.
G. BARE LI('EN.%'E 1'0 PARK FEIII('LES. If there is insufficient space
to pnrk same v,'ithin thc I.F. ASI!I) ARF. A. OWNI!R hcrcby grants to TI!NANT and
each fulure Third Party licensee, subject to availnbili~y of space for same. abarc
license wilh no interest c~uplcd ttacreto to park their respective motor vehicles on
OWNF, R's Properly I'~r st,~rt pcri~ds ~1' lime xvhilc thc vclalclc owner/entity is
constructing, removing, replacing and/or servicing its antenna(s) and/or its
communications facilities ~m Ibc I~wcr or othcrxt'isc within thc I,liASi!l) ARf!A.
Il. OWNER.%'I///' Ol.' TOIl'ER ,,IN~) O17I/:'R I'ROt'ERT'Y.
i. 1.2uQng_Xh_c_Lifc_(.N'This Lease: Thc Tower shall rcmain the property
o£'FENANT during tile entire life of this I.casc. Ara),' other property brought onto
the I.,F. ASF. I) ARI!A by t~r ~m behalf of TIiN,,\N'I' shall remairl the property of
TF. NANT during the life el this i.ease and after termination o1' this lease. All
property brougllt upon tile [.liASiiD ,\RI'~A by ()WNF. R shall remain the property
of OWNI:.R. All properly brought upon tile i.liASF. I) ARtf,,\ by any Third l'arty
shall remain thc property ~1' Ih;,t 'lhird i'arty during thc life of this l.eas¢ and afro:'
expiration or lcrrn~nation t~l'lJlis I.c;.ise except as may he spccilicd otherwise in thc
respective contmllir~g license agreement for the subject property of that Third
Party licensee.
ii. z~ira, lJtul ,_22.r__'J~crllJi~l;,tti~L_trL_L.ga&c: I Ipon expiration or
lermination of lhis Agreement. 'I'I(NAN'I' shall, at no cost to ()WNI~R. rcmovc thc
tower anti all of its other pn,pcrty from thc I.t':ASIi[) ARIiA unless OWNIiR
directs that'I'ENANT not rcnmvc same. If thc termination or expiration of this
[.ease occurs heR>re an extension into thc clcvcnth lease year (Sec Section 3 ((')).
and if OWNER desires to acquire oxvncrship of thc tower. ()wncr must pay to
TENANT thc then depreciated book value of thc Tower minus any offsetting
clnims that OWNER then has against TENANT. If this lease expires or is
terminated after the I.casc is extended into thc eleventh lease year (per Section 3
((')}, OWNER may elect to direct t~, 'I'i~NANT that TI!NAN'I' shall m~t remove thc
tower from thc l.liASlil) ARI..A, x~'hcrchy thc 'l'owcr shall thereby automatically,
12
at no cost to OWNF, R, become thc sole property of OWNF, R and TF, NANT. upon
removal of all of its other property from thc i,F, ASF, I) ARI!A, shall then ha,,'c no
further duty or responsibilities with regard to thc to`.`.'cr.
iii. Thir~.iccnsces: l{ach license l¥om TF, NANT to each third
party shall specifically rcq~:irc that at thc end of this l~casc each Third Party shall
immediately remove all oF its property t?om thc I,EASED AREA unless this
requirement is then waived in writing by OWNER. All property removed by
TENANT or Third l'arty shall be removed by or on behalf of its then owncr
without delay and at no c(~st to O%VNER. Removal of'all propcrty by or on behalf
oFTENANT and each Third i'arty shall bc d(mc in a workmanlikc manner and thc
I,EASED AREA shall be rc.~t(~rcd by TiiNANT. at n<) cost to ()~VNI~R, to its
original conditi~m, (rely m)rmal wear and lear excepted. ()WNI~R may. however,
then grant to each respective 'l'l~ird i'arty a license t?om ()WNER to remain on thc
'rower and/or thc I, EASEI) AREA, in which event thc property of thc Third Party
may remain on thc trover and/or I,EASED AREA in accord with such license.
iv. 13~;.11c: In thc c`.'cnt that ()WNI';R desires to acquire ownership
of' thc tower, for record keeping purposes and ('ounty property inventory control
purposes. TI:.NANT v,'ill, at nt)ct}st tt~ ()WNIiR, ctmvcy I~ ()WNiiR a l~ill ol'Salc
lbr the To`.vcr..,'~bSCJlt ;.1 ct,ntroiling la's~.' it) tile contrary, I'ailtlrc ti) collvCy tile lfill
of Sale shall not. ho`.`.'cvcr, atTcct the total automatic transfer of title
to OWNER.
5. Termination ()fThis I,easc llv TENANT
A. During First l,ease Year. Il'any of'thc following c`.'cnts (paragraphs
i through iv) occur. TI.~NANT luis thc right to immediately terminate this l,casc by
delivering to ()WNI';R written m~ticc of such termination bclk)rc three hundred and
sixty-five (365) days of thc ('mnmcnccmcnt l)atc of this lease.
i. TENANT determines, in its sole discretion, that it ,.,,.'ill be unable to
obtain all necessary (io`.'crr~n~cntal Appro`.'als For TI':NANT'S intended uses of
and improvements to thc I,IiAStiD ARi:,A as desired by TI!NANT; or
ii. TENANT'S application for any Go,.'cmmcntal Approvals necessary
for TENANT'S usc of thc I,EASI.;D ARI:,A and/or TF, NANT's Property and
~ - ' IIII ......... I ...................................................................... iii iii
improvements desired by TENANT is denied or becomes commercially
impracticable:, or
iii. Any Governmental Approvals necessary for TENANT'S use of thc
LEASED AREA and/or improvemcr~ts to thc I.F. ASF. I) /\RI'~A. whether now or
hereafter desired by TF. NANT. have been canceled, have expired, have lapsed or
have otherwise been withdrawn, terminated or denied so that TENANT. in its
reasonable judgment, ddcrmincs that it ,,','ill no longer bc able to usc the Lt:.ASED
AREA for TF. NANT'S intended uses: or
iv. Thc Federal ('~)rnrnul~ications ('ommission ("F('("') allocates thc
frequencies at whict~ 'I'i~NAN'I' may ()potato thc sul~jcct antennas and related
equipment anti may I'r~)m time t{~ time change such l'rcqt~cncics. Any change of
this nature that. in '['liNAN'I'S rcas(mablc judgment, renders its operation of a
wireless communicati(ms lhcility at thc l.liASlil) ARI!A obsolete; or
v. If TENANT determines that tile I.EASED AREA has become
unsuitable for TF. NANT'S ¢)pcrations duc ltl changes in system design or network
design or in tile types of equipment used in such operations, ()r TI!NANT'S
operations al thc I'ropcrty become unprofitable.
vi. Any timely termination notice delivered to ()WNER by TI:.NANT
shall cause this l.easc to expire v,'ith thc same three and effect as though lhe date
scl forlh in such notice were the date originally set as the expiration date of this
l.easc nnd the panic:; shall Inakc an appropriate adjustment, as of st,ch termination
date, with respccl t(, pa.vn~cnts due to tile ()WNIER under this [.case.
vii. ()WNF. R shall ha','c at its sole discretion thc option of terminating
this I.F. ASF. if'I'I!NAN'I' c~mcluslvcly and finally It)scs its license(s) from tile FO'('
to provide TliNAN'l'/ccllular services lbr any reason, including, and not limited to.
non-renewal, cancellation, tlr expiration of same. if thc loss of thc license(s) is not
due to any fault of TI'.'NANT. nnd OWNI!R desires to own the tower and/or other
facilities, OWNF. R shall pay to TENANT tile then depreciated book value of thc
tower (and any other facilities that may bc conveyed by agreement between
TENANT and to OWNI!R). If thc loss of liccnscfs) is duc to the fault of
TENAN'F, including non-l'casancc, such It)ss of license(s) shall, at OWNF. R's
election, forfeit tl~e tower to ()WNi'iR. ()WNF. R may also tcrmirmtc this' Lease il'
TENANT does not in good faith make and continue to pursue all reasonable
14
efforts to obtain all required permits and construct the planned tower and all of its
necessary related Facilities.
B. Subsequent to First l.ease Year. Subject to the following
paragraphs (i through iii), TENANT has thc right to immediately terminate this
Lease by giving xvrittcn notice to OWNER of such termination anytime
subsequent to three hundred and sixty-five (365) days of the Lease's
Commencement Date.
i, TENANT deeds thc Tower to (')WNI:~R free and clear unless OWNER
inslructs TENANT to remove thc tower, in which event TENANT shall have tile
tower removed and have thc I,I!ASFJ) AREA restored to its original condition, all
at no cost to OWNI!R.
ii. OWNI!R shall retain all prepaid rent lbr the then applicable lease )'ear
and TENAN'F shall pay to, ()WNEP, thc applicable t`.vclvc month's rent lbr thc
entire following lease )'car ! 12 months).
iii. This option to terminate does not in anyway bar. prevent or impede
TENANT from selling tile tower to a responsible third party, which entity must
become an assignee of this I,casc prior to any effective sale of tile tower and/or
other property of TI!NA NT.
6. Assignmen~ And Subletting.
A. TENANT shall not assign, transfer or otherwise convey this l.ease.
in whole or in part. by operation of lax,.' or otherwise, nor mortgage or pledge this
l.case or any of TF. NANT's property or any part thereof, nor sublet or license an),'
part of ('space upon) the tower or other of T!!NANT'S l'ropcrty without tile prior
written consent of ()WNI:.R. v,,hich consent shall not be t,nreasonably v,'ithheld or
unreasonably delayed. F. ach entity that becomes a successor in interest (by
whatever means) of TENANT rights under this l.ease must be a responsible entity
that will enable all users of this tower and t. EASI-:D AREA to continue to conduct
their activities on the tov,'cr and I.EASED AREA v,'ithout undue inconvenience
and without additional cxpcnsc. Any assignment or other transfer whatsoever not
expressly authorized by OWNER in ,,vriting shall be void ,vh initio.
15
B. F. xccpt I(') thc extent, it' any. lhat is concurrently agreed lo in writing
by OWNER (a partial or complete novation), no consent by OWNER to) an.,,'
assignmcnt, lease, sublease or any other transfer by TF, NANT shall relieve
TENANT of any c)hligati(m to bc pcrf()rmcd by TiiNANT under this Lease.
whether arising heft)re or after thc assignment, sublease or other transfer. Thc
consent by OWNER to any assignment, sublease, or other transfer, shall not
relieve TENANT from thc obligation to obtain OWNER's express written consent
to any other or subsequent assignment(s), sublease(s) or any other transfer(s).
TENANT ,,,,'ill in fact license space on thc tower fc)r installation of antennas by
Third Parties anti 'I't'~N/\NT ,.,,'ill ccmcurrcr~tl.v license spacc on thc ground to each
of those Third l)art~cs f()r l()cati(m o1' their equipment as nccdcd and as related
their antennas installed ~r to hc installed (m thc towcr.
('. Any salc ()r ()ther transfer, including by consolid.'~tion, merger
rcorganizalion, by salc or tr:.~sl~r of a majority of thc then outstanding voting
stock oFTENANT (it' 'I't~NANT is then a co~oration/or any salc or othcr transl~r
of a majority interest {whether of profits, losses, capital, or voting power) or ot'a
majority off thc persons thal then comprise thc managers of thc partnership
TENANT is than a partnership), shall not bc considered to bc an assignment tbr
pu~oses off this Section 6.
I). St,bjcct m all con~litions regarding assignments, nothing herein
prevents TI:.NANT from assigning ~his lease during thc f'irst lease year.
7. t;lilities. 'I'I(NAN'I' shall hc rcsp(msiblc directly to all serving entities for
all utility services us,..'d at th,: l.[(,.\.'q!!l)ARI(,,\. ()WNt!R agrccs to cooperate ,.,.'itl]
TENANT in its cfl'orts to c, btairs utilities from rmv Ioeatiorl provided by the
OWNER or by any other servicing utility.
8. Indemnification. Insurance. Assumption ()f Risk.
A. Sub. jeer to Paragraph 8.1!.. TI!NANT hcrcb), agrccs to indemnify and
hold OWNER harmless l?om and against any and all claims of liability lbr
personal injury or property damage to thc extent that they result from or arise out
off (i) the acts or omissions of'I'I~NANT, its agents and cmployccs in. on or about
the I.EASIiD ARIiA and/or thc easement access area. excepting however, such
claims or damages as may be duc to or caused solely by thc acts or omissions oF
16
OWNER. its employees or agents: and/or (ii)TI';NANT'S breach of an),' tcrm or
condition of Ibis l.casc on TF. NANT'S part to bc observed or performed.
B. To thc extent then allowed by law, and subject to Paragraph 8.[-;..
OWNER hereby agrees to indemnify and hold TF. NANT harmless t¥om and
against any and all claims of liability for personal injury or property damage to thc
extent that they result from or ar[sc directly out of: (i) thc acts or omissions of
OWNER, its agents and employees in. on or about thc I~[!,,\S[:.D ARF. A and/or
access casement area. excepting, however, such claims or damages as may be title
to or caused solely by thc acts of Ti:.NANT. ils employees or agents; and/or (ii)
OWNF. R's breach of any term or condition ot' this l.casc on ()WNI:.R's part to be
observed or pcrf, mncd.
£'. TENANT shall provide ()WNER with a ccrtiticatc of insurance.
issued by an insurance company licensed to do business in thc State of Florida
proving that TliNANT then carries comprehensive general liability insurance with
limits of liability thereunder of not less that ()nc Million I)ollars (S1.000.000.00)
combined single limit fi~r bodily injury and/or property damage together with an
endorsement for contractual liability. 5;uch insurance shall name ()WNI:.R as an
additional insurt'd with rcspcct to thc l.li,,\Slil) ARI!A and with respect to
TENANT'S Property. TF. NAN'I' ,,,,'ill provide OWNI'iR with a rcncwal certificate
within ten {10} business days ~'~1' ()WNI.iR's request for such ccrtilicatc. ,,\nv
insurance required to bc provided by TI'iNANT under this l'aragraph 8 may bc
provided by blanket insurance policy covering thc [.[';ASIi[) ARliA and
TI"!NAN'["S l'ropcrt.v aLl_d othcr locations ~1' 'I'IiN,,\Ni'. prox'idcd such blanket
insurance policy c~:n~plics ,.vith all of thc t~ll~cr requirements of this l.casc with
respect to the type and :lnlot~t ~1' ir~st~r;.mcc required. TIiNANT may als{) fulfill
its requirements trader this Section 8 through a program of self-insurance. If
TENAN'[' elects to soil'-insure, then TI!NANT shall furnisi'~ ()WNI!R with a letter
stating that said self-insurance program then in el'feet providcs for coverage equal
to or greater than that rctluircd of T[!N,,XNT herein by private insurance. ()WNER
cannot be certain that thc specific insurance requirements specified in this [.case
will be adequate x,.'ith thc pass;~gc of time: thcrct'orc. ()\VNI:.R reserves thc right to
reasonably amend thc insur;.mcc rcqt, ircmcnts by issuance of Notice in writing to
TENANT. whcrcupcm rotc[pt of that Notice T[~NANT shall have sixty (60) days
in which to obtain thc required additional insurance, unless, for good cause.
OWNI!R requires that such inst, rancc be acquired in less than sixty (60) days.
I). ()WNliR shall provide 'I'i!NAN'I' with a ccrtilicalc oI' irlsurancc.
issued by an insurance compnny licensed md. business in Flnrida indicatin~ tha~
OWNER carats comprehensive general liability insurance with limits of liability
thereunder o1' not less than One Million Dollars ($1.(~00.()00.00) combined single
limil fi~r h~xlily injury and/or properly damage, together with an endorsement tbr
conlraclual liability. ()WNER will pmvidcTENANT with a renewal certificate
within ten (10) business days of'TENANT'S request Ik~r such certificate.
F.. liach stsch policy descrihcd in either paragraph ((') or (l)), above.
shall be wrillcn
recovery by ~v;~
connecti~m wJlh anv l~ss and/or tlamagc c~vcred hy such policy. Thc ()WNKR
anti TI~NANT ;igrcc and ~'~crchy rclc;isc czsch .lhcr wilh respect Io any claim
(includin~ a el;lit11 I~r negligence) which [hc i~lhcr pflrl)' nl~ly Ii~lVC against such
parl)' fi~r loss. dam:igc ~r
AREA and/~r TILNAN'I"~ property ~ccurring during Iht lcrm
same may be cx~cndcd, and normallF cox'crud under a lire insurance policy wilh
cxlendcd coverage. Nolwithsmnding ~nyihin~ containect in this l.casc to ~t~c
conlra~, thc provisions .l'lhis Paragraph g.i(. shall control.
F. ..I.';5'U,~,II~77(),V ()I" RISK I~}' 7't:':~:,IN7'. TI!N,,\NT acccpls
I,I:,ASF, I) ARI:,,,\ "as is." TI!N:\NT. Ik~r its ol'l'iccrs, agents, affilialcs, conJrack'~rs.
maleri,'tlmcn, suppliers, laborers, and cn~ployccs (c~dlcclivcly "TI!N,,\N'I"' I'or thc
purposes ~1' [his ,<c,.'ti~m X)hcrchv undcrlakcs and assumes all risk or dangcrcms
conditions, il' an)'. ~m thc I.I{.,XSILI) ARI{A told on thc access C~lSClllClll arcLl.
hcrcby agrees m IlldClllrlll'Y ;llld hold harmless ()WNt.~R and all I Jscrs against and
i?om any claim a~scrtcd ~r liability imp~scd up~m ()WNILR ~r
personal injury ~)r pr.pcrl)' (tamagc t~ any person (other than t?om ()WtgER's
gross negligence) arising tltl[ ~)~' thc 'I'I~NAN'I"S installation, operation.
maintenance, repair, and/or conditi~m .r usc of thc I.I';ASt'21) AREA and/or thc
access casement arc~. t)r 'I'I~NANT'% l~iilurc Io comply wilh
local law, ordinance, rule or regulation.
9. TENANT Defaults.
A. Thc occurrence of any one or more o1' thc t'ollo,.ving events shall
conslilutc an "l.i:'cnt o1' l)cl'aL:ll" ol'lhis l.casc hv TILNANT:
i. The failure by Ti:.NANT to make any payment of rent as and v,,'hcn
duc. Each rent paymcr~t shall bc mailed to ()WNER via ccrtillcd mail, return
receipt rcqueslcd. ~r hy any other method where TENANT is notitled in writing
by thc career that delivery of thc rent to thc OWNER has actually occurrcd.
OWNER shall have no duty or responsibility to notil~ TENANT of any late
payment or of Ibc I~ct tha~ thc paymcnl was less than thc t~ll amount then duc to
OWNER cxccp~ as prerequisite to declaring TENANT to bc in delimit oF this
Lease. in which case ()gVNER shall give TI~NANT at least ten (I0) days notice of
intent m declare a dct~ull fi~r I~ilurc lt) pay that rent paymcnl on time.
il. Thc failure by TI:,NANT Io observe or perform any of thc covenants
or provisions of Ibis I,casc Io be observed or pcrtbrmcd by TI{NANT. other than as
specified in i'aragraph 9.A. ti). above, where such thilurc shall continue tbr a
'period of Ihirty 130) days after written notice thereof is received by TI{NANT IYom
OWNER; provided, h~xvcvcr, that it shall not he deemed an l~vcnt of l)cfhult by
TENANT iI"I'I(NAN'I' shall commence to cure such fi~ilurc within said thirty (30)
day period and ll~crcaflcr di ~igcntly prosecutes such cure to its ~11 completion.
iii. if TI:.NANT abandons or vacates thc Property, ot' il' any Truslcc docs
not unconditionally assume ti~is lease pursuant to applicable bankruptcy or other
laws.
ix'. 'I'~ the extent allm,,cd by law, it'Ti!NANT is ac[judicated a bankrupt
or makes any a:~si?mcnt lbr thc benefit of creditors, or il' TI(NANT becomes
insolvent, or ()WNI~R ~thcrwisc reasonably believes itscll' to be insecure. II'
TENANT becomes insolvent ~r ()WNI~R reasonably believes itself to he insecure.
Iht TENANT ,~r Trustee nltlsl provide I,I!SS()R with adequate assurances of
future perlbnnancc befi~rc this lease can bc assigned in bankruptcy or lbr the
benefit of creditors. Any such assignment shall require thc assignee to provide
I,ESSOR wilh a security deposit of ollC year's rent at thc then existing rental rate.
'~e assignee must be able to in,mediately continue operation of TI!NANT's
Facilities at the tower site and not unduly inconvenience any then existing
operation at the tower or I,t(ANI(I) AREA. TENANT shall remove its personal
property only to thc extent thai such removal docs not result in any shutdown of
any of the other communications operations on the tower or thc I,EASED AREA.
B. If lhcrc occurs an F. vcnt o1' l)¢fault hy TENANT, in addition to any
other rernetlics available to ()WNER at law or in equity. ()WNI'~R may elect to
tem'finatc this l.easc ami ail rights ofTI!NANT hereunder.
('. If there occurs an lS,'cnt of l)cfault by TENANT. OWNER shall not
have thc right, prior to the termination of this l.casc by a court of competent
jurisdiction, to enter upon an),' of TF. NANT's Property and/or remove persons or
property' from TI'~N/\NT's l'ropcrty, except as needed to accomplish emergency
repairs or emergency exercise of pc, lice po,,vcrs.
I). In ~t'lc c,.'cnl ol'a material default ol'this I.casc by TI:.N/\NT. OWNER
shall have thc rigl~I, al ~Is option, in adclili~m to and nol exclusive of any other
remedy ()WNI:R may have hy this l.casc or by operation of law. without any
further demand or nmicc, to either ia) declare this l.casc at an end. II'ordered by
OWNER. TILNANT shall immediately remove thc tower and its properly as
specified by ()WNI!R. and TENANT shall then pay to ()WNILR a sum of money
equal to thc total of (i) thc amounl oJ' unpaid rent. ii'any, then accrued through thc
date of termination: (ii) thc amount by which thc unpaid rcnl reserved Ii)r thc
balance of Iht term: and (iii) any other amount necessary to compensate OWNER
for all dclrimc~i proxinmtcly caused by TIiNANT'S fi~ilurc to perform its
obligations under thc l.casc: or Ih) without tcrminaling this I.casc. OWNER may
relet Ihe tower, liar Iht account of TENANT upon such terms and conditions as
OWNER may deem advisable, ami any moneys received from such rclctting shall
be applied firsl I~) thc expenses of such rclct,ing and collection, including
reasonable allorncvs' l~'cs, r,:al cslatc c~m~missions paid. it' any. and Ihcrcalicr bc
applied Io~'ard paymcnl ~l' all sun,s duc or to hccome duc to ()WNILR hereunder.
and ifa sut'licicn~ sum shall ~mt hc thus realized to pay such sums and other
charges. TENANT shall pay ()WNI!R. monthly, any dcl5cicncy, notwithstanding
thal OWNER will have received rental payments in excess of Iht rental to
OWNER stipulated in this I.casc in prcvi~ms or subsequent nmnths, and ()WNI~R
may elect lo hring an acli~i lhcrctbr as such m~mthly dcIicicncy shall arise.
F.. No re-entry and taking of possession of 'I'I!NANT's Property by
OWNER shall be construed as all election on ()WNER's part to terminate this
l.ease, regardless of thc extent of renovations and alterations by OWNER, unless a
writlcn notice of such specific intention is given to TENANT by OWNER.
Notwilhstanding any reletting without termination, OWNER may at any time
thereafter elect to terminate this l.ease tbr any such previous breach.
.... 111111' I7~-37 .......................... III -- I ................... ' .......~ ......................... 7'i IIIill
1
:6E 1
10. Notices. All notices hereunder must be in writing and, unless otherwise
provided herein, shall bc dccmcd validly given it' sent by certified mail. return
receipt requested, addressed as follows !or to any other mailing address which the
party to be notified ma,.'
overnight courier service.
address, the other party
Paragraph of such change.
designate to the other party by such notice) or bb'
Should OWNER or TENANT have a change et'
shall immediately be notified as provided in this
Unless OWNER otherwise specifies in writing, rent
checks from TENANT shall be sent to the person listed below to whom notices
are sent.
TENANT:
~ ~l ~n[c~tfcr~, :J..mitod Partr~p
~ Ya, mto ~
With a cop.,,' to:
Address:
Attention:
Telephone No.:
Primo_Co Personal Communications, Limited Partnership
8875 t tiddcn River Parkway. suite 350. Tampa, FL. 33637
Edward Wholl, Esq.
{813) 615-4840
OWNER:
Attenuon:
Address:
Telephone No.:
Collier County
Franchise Administration Coordinator
3301 [!asr Tamiami '['rail. Administration Building, First Floor
Naples, FI. 34112
{941) 77J--8577
With a concurrent copy cach to: (I)()t'liccoftheCollicrCountyAttorneyand(2)
Collier County's Real Property Management Department.
1 !. Sale Or Transfer Of The Leased Area By Owner.
OWNF. R. has no plans to sell or otherv,'ise convey away any part et' or any
intcrcsl in any part of thc I.t!,-\SED AREA to TENANT or any other person or
entity, Should (')WNI!R. at any time during thc life of' this [.ease. sell, lease.
21
1SE 1
transfer or otherv,'isc convey all or any part of thc I.EASIi[) AREA, to any
transferee other than TF. NANI'. then such transfer shall bc under and. during thc
entire term of Ihis l.eas¢, shall bc subject to this i.casc and all oF TI:.N/\NT'S
rights hereunder and rigt'ns ol'ail Third Parties.
12. tlazardous Substances.
A. OWNIiR has no knowlcdgc that either OWNI!R or any othcr person
or entity has used. generated, stored or disposed o[ or permitted thc use.
gcncralion, storage .r disposal oFany I iazardous Material (as defined in Paragraph
12.B, below)on, under, about or within any part of ()WNI~R's f'ropcrty in
violation of any law .r regulation. OWNER anti TI~NAN'I' each agree that they
will not usc, generate, st~,rc .r disp<~sc of any i lazar~lous Material fas dcllncd in
Paragraph 12.B, bcl~v)on, under, about ~r within ()gVNI~R's l'ropcrty in
violation of any applicable law or regulation.
B. OWNF. R anti TI!NANT each agree to defend and indcmnil~ thc other
and thc other's partners . afliliatcs, agents and employees against any and all
losses, liabilities, claims and/or costs (including reasonable attorneys' lkes and
costs) arising from any breach of any wa~anty or agreement contained in
Paragraph 12.A. As used in I'aragraph i 2.A. "ilazardous Material" shall mcan
any substance, chemical ~r waste idcntiticd as hazardous, toxic or dangerous in
any applicable IL'doral. sta~c .r local law or regulation (including petroleum and
asbestos).
13. ('ondemnation.
A. J~7to&' ['mtdcnttuttion. Because ()WNI';R is a governmental entity
and l~w condcmnors have authority t~ condemn thc I.I(ASILI) ARIMA. it
unlikely that thc i.I(.,XSI(I) ARimA xxlll ever bc condemned. IF thc
AREA, including without limltation any ~fTI(NAN'I"s l'ropcrty, shall be taken
condemned, either temporarily or permanently, lbr public purposes, or sold to a
condemning authority under threat of condemnation to prevent taking, then this
lease shall automatically terminate as of thc date of thc taking, condemnation, or
sale.
B. Partial C'ondc,mation. If any portion ot' thc i,I!ASI:,D ARF, A shall
be taken or condemned, either temporarily or permanently, t'or public purposes, or
22
sold to a com,'¢ning authority under threat of such condcmnatio:'l to prevent taking.
then ()WNI.:R agrees that 'FI~NANT may usc and/or construct upon an alternative
potion of OWNER's Property that is suitable lbr 'I'[~NANT'S pu~oscs, provided
such suitable space is available. Thc exact site to which TENANT may relocate
will ~ dctc~incd by ()WNI~R. and it may bc any portion of OWNER's l'ropcrty
(or other property owned or controlled by ()WNER). provided TI~NAN'F approves
thc new site as being suitable fi~r 'I'[~NANT'S intended uses. OWNER will
dcsignalc a site to which TENANT may relocate prior to thc taking, condemnation
or sale. In Iht event n~) alternative portion of thc ()WNER's Property is suitable
for TENANT'S purp~sc~, then Ihis I,casc shall fi~rthwith at~tomatically terminate
as of thc date of thc laklng, cnndcmnnlion or sale.
('. ('omlc,t,ulll,,,,t ..In'ard. (}WNI:R sllall receive thc entire
condemnatinn ax~ar(t fi~r thc land ar, I all other ~mprovcmcnts as wcrc paict liar by
OWNER. 'I'ENAN'I hereby expressly' assigns t~ ()WNILR arly alld all right, title
and interests of 'll!NANT r~()xv or hereafter arising in and to any such award.
TENANT shall have thc r~ght to recover l?om thc condcmnor, but not I?om
OWNER. any c~m~pcnsalion as may bc awarded to TiiNANT on account of thc
taking of its leasehold interest, moving and relocation cxpcnscs, and depreciation
to and removal of personal prnpcrty and tixturcs of'I'IiNANT t?om thc I,tiASE[)
AREA.
14. I,iens. 'I'iCN,,\N'I' sl~all kccp 'I'ICNANT's l'ropcrty free from arLv liens
arising out of:my work pcrlbrmcd, maicr~a[s l~:rnishcd, or obligations incurred by
or on behalfol'TliNANT. TENANT shall, within t~vcnty{20) days Ibllowing thc
imposition of any such lien. cause thc same to be released of record either by
payment thereof or by positing of a proper bond in accordance with Section
713.24, l'T,,rida .%'hlllll{'~. N{} work xYhich ()WNIiR pcrtbrms or has pcrti~rmcd
within thc i.l.i.,XNlil) ARISA ~dmll bc deemed t~ bc ti~r thc usc and benefit of
()WNliR so that n~ ~ccl:anics ~r t~ll~cr lien shall bc allt~wcd against thc estate of
OWNER by reason ~l' ()WNI'iR's consent to any such work. ()WNER may. at its
election, post notices in thc I.EASEI) ARIMA advising that OWNER it is not
responsible tbr payment tbr any such work.
15. Fire And Other ('asuailv Damage To Facilities. If the tower and Or
related facilities is/are totally or substar~tially destroyed by an act or occurrence
beyond the control of Ti'iNANT. TI!NANI' may terminate this l,casc reflective on
the dntc of such occurrc~lcc. ~r TIiNAN'I' may elect to rebuild thc tower or
16E 1
construct a similar m,.vcr. If TI!NANT elects m terminate this l.casc under this
provision, any untamed rcnl Ibr thc remainder of that lease year shall hc refunded
by OWNER Io TENANT provided TILNANT has not otherwise breached this
l,case Io Iht monetary dclcimcnl ~t'()WNi{R or to any (Jscr. If'i'I{NAN'I' elects to
rebuild the lower (~r c~mslrucl a I~CXV tower) the annual rental shall be reduced to
Si00.00 per month l~r only ~hc ninety (90) days lbllowing the damage date
occu~cnce, at which ~ime thc prior existin~ annual rent shall automatically
recommence.
16. 'Faxes.
A. This ~s a net-net l,casc a.s I,~()WNliR. 'I'I'iNAN'I' slulll bc liable tbr
and shall pay to thc applicable laxing ;lulh{)rily il' billed directly t~ TF, NANT. or Io
OWNER if billed I~ ()WNI~R. up~m thirty 130) clays prior wrillcn notice from
OWNER. any and all taxes and assessments levied against any personal property
or Iradc or olhcr fixtures placed by 'I'I~NANT in or about thc I,I~ASI~I) ARIMA.
B. ()WNI!P,'s l'ropcrty ix m;t now subject to an)' real property taxes.
Nevertheless. TF, NANT shall pay las additional rent)real property taxes, il' any.
that may bc Ic:'icd against Ibc I,I:,ASI!I) ARiiA and/or against ()WNI!R's Property
as a restllt of ~his l,casc aml/~r any improx'cmcnts constructed on thc I,I~ASI~I)
AREA by 'I'I~NANT and/or any licensees other than ()WNER. 'I'[!NANT shall not
bc responsible tbr ;my increases it~ real properly taxes which arc a rcstlll o[ tax
assessment of ()WNI~R's I'ropcrty duc to improvements made by ()wncr or any
Ihird parties acting under (~wncr.
('. If hereafter lav. s ~1' taxation ;irc altered so that it' ally llCxv tax. a~1y
payment "in lieu ol" ¢~r "as a substitute lk)r" all or any portion of any taxes and/or
special assessments arc imposed on any of thc tangible and/or intangible property.
st:ch obligations shall be assumed anti bc paid by TI~NAN'I' except any such
payments directly attributable to communications equipment installed t;n thc site
by OWNi~R or through ()~VNi':R. This assumption shall not preclude TENANT
I?om contesting any and all ~tich obligations.
17. Quiet Enjoyment And Non-Interference.
A. ()WNI(R x~arrants and that ()WNI(R is sci/cd of good and sufficient
title lo and interest in tt~c l.t(A.";l':l) AP, t:.A and has attcqt~atc authority to enter into
24
and cxcculc Ihis I,casc Io 'I'I!NANT and that OWNI(R knmvs of no liens.
judgmcnt.$ or impcdimcnls of title on Iht I.I!AS!!D AREA l'ropcrty that woulcl
affect this I,casc. ()WNI:.R warrants and agrees that TF, NANT, upon payin~ the
rent and pcrformin~ all covenants herein pro~itlcd, shall peaceably and quietly
have and enjoy iht I,i:,A.";I([) :\RI':,.\. I! is the separate opinion of the ('ountv
Attorney and of T!!N,.\NT'S attomo,'s ~hat the planned uses of thc I,E..\S[:,D
ARF, A. as expressed in this i,case, are allmxcd and permitted uses of the l,t!,.\,";lil)
AREA and arc not in violation of anv Zoning ()rdinance tlr ofl~cr 1,and l'sc
Ordinance that applies to thc I,EASF, I~ ARF, A.
I'1. ()WNI':R hereby grants lo 'I'tLNAN'I'. as a primary inducement
TILNAN'I"S enlcr~ng ~r~l~, Ihi~ I.casc. ~l~c first primarily righl lo inslall its
anti operate ~ls x~,rclcss L~}IIIIIIIIIIlC;IIil)I1S fiicililv ~m thc I.ILASI(I) ,,XRILA. l:ron~
[Jlll~ lO IJlllC ()WNI".R may g. ranl t~ ~lhcr cnt~lics a lease or license to install
communJcalJons Imvcrs and'or opcralc svircicss communications I~icilitJcs on
OWNER's l'ropcny and/or Ibc ri~h~ ~o Jnslall antennas in conncclion with thc
operalion of s~ch l~tcili~ic:¢ or ~nhcr communications lbcili~ics: provided, hoxvcvcr.
thai OWNI(R shall nm allow ~hc opcrz:lion ~I' any such t~icili~ics and antennas by
others which inicrl~'rc ~ ~th Ibc ~pcrat~tm of any antennas and ~)r equipment in tl~c
I,EASEI) ARliA as ~I ex.sis at thc time of such other occupant's installation or as
it may be nmd~licd al :lily IlIllC during tt~c term of'this l,case, and as thc same
be exlended. If any such lnterl~rcncc occurs. OWNER agrees m cause the
eliminalion of sucl~ in~crl~'rence with operations at thc I,i!ASI([) AREA within a
rensonnble lime after receipt ~t' 'I'IiNAN'i"S notice of such interlbrcnce and. if
necessary. Io cause thc :ntcrl~ring party to morillO' or cease its operations, if such
interference conti~ucs fi~r more than thirty (3f}} days aticr TI(NANT'S notice
OWNI!R with respect ~ such intcrtE'rcncc. ()WNliR shall require thc party
causing Ihe inlcrl~'rcncc tt~ ~otlil~' its usc t~l'~r cease usi~g such equipment which
is causing thai interlbrcncc.
(', 'I'I';NANT covenants and agrees lhat 'I'i:,NAN'I"S c.:tuipn'~cnt.
installation, operation and nmintcnancc at thc I,I(ASI~[) ARIMA and same by any
lhird party licensee will not interim're with thc operation of thc OXVNER's 800
Mllz system or ()WNt~R's other transmitted or received radio signals. In thc
event lhere is any stlc}l intcrlbrcncc. TENANT wili promptly take all steps
necessn~ lo correct and eliminate same within a reasonable period of time. If
TENANT is unable 1o eliminate such intert~rence caused by any such equipment.
installation, operation and/or maintenance at thc I,EASIiD AREA, TENANT
25
agrees to remove thc of't'cnding antennas from the I,IiA.qEI) ,,\R!!A and. il' thc
interference canrlo! bc corrected !o thc salisl'action of ()WNI!R. this l,casc shall
tcrminalc at Iht election of ()WNILR.
18. Estoppel (,ertificates and Subordinations.
A. ()WNI!R. at thc rcqucst of Ti:,NANT. shall provide TI:,NANT with
certificate slating' (I) whcti~cr ()WNILR has any claim against TILNANT Ik~r rent
or otherwise anti if s.. stating thc nature of each such claim; (2) that ()WNI~R
recognizes TI';NAN'I"S right to TENANT'S antennas, equipment and t~thcr
property al thc I,EASI(I) ARIMA: (3)that TILNANT then has thc right lo rcm~vc
'['I~NAN'I"S mluipmcnt and ~,lhcr property IYCm~ thc I,ILASILI) ARILA proxi~lcd
such removal will all~x¥ Iht remaining users ~)1' thc lower Io make ils usc ~I'
tower (not nolwithslanding that such property may bc considered fixlurcs under
Florida law); and t4)thai ()WNILR al Iht time of execution oi' Iht ILsmppcl
Certificate has no legal ~nicrcsl in and affirmatively disclaims any interest to
TENANT'S equipment and other property within thc I,ILASEI) ARI'~A.
B. 'I'!.iN:\NT. at )he request of ()WNI'~R, shall provide ()WNILR with a
certificate slat;ng: II)that th3~ l,casc is t~nmodificd and in t~II fi)rcc and cl'tZ'ct
(or, if there has bccn any m-dttication, that thc same is in f'ull fi)ret and cl'l~'ct as
nmdifi~d (and ~1~;~11 ~lat~ thc nmdificatmn(~)): (2) whether or not, to 'I'IL~A~'I"~
knowledge, there arc then cxJ~tin~ ;lnv ~ct-~l'l~ or dclg~c~ a~ain~t Iht
cnforccnlcnl oJ'ilny oJ' II~c ;Igrqcrllc'rltS. terms, coVC'll;lnts or conditions hcrcol' upon
thc p:irl oI'TI.;NAN'I' l~ bc pcrlhrmed or complied with (and, il'so, spccil3'Jng each
oFIIlc SalllU): ;llld (3) thc dal¢'s, il'lilly, to which FL'ill has then been paid in [ltlk'allCC:
and (4) any. if in thc first Jc;isc yL'[Jr, t~thcr prt~x isi~ns required to enable 'I'ILNANT
to obtain a periL'clod t;('('-I t~ fimmcc thc tower amt/or its cquipn~cnt.
('. /ILL O171ER I,V/'I:'Ri",SI~$' .5'L;BORI)IN,,IITi. This l,casc :'..nd all of
TI!NANT's property at thc l.l:,A.%t'~l) ARI:,A shall during its life always bc
superior to any mortgage and any other pledge by OWNER and by TENANT.
OWNER and TENANT shall at no cost or expense to thc other, execute whatever
subordination agrccmcnts ami/or other instruments as may be reasonably required
by the other to evidence such subordination. It is hereby agreed that a request by
TENANT Ibr a StlbortlinulJon t?om ()gVNER to t~lcilitatc TI~NAN'I"S initial
financing of lt~c tower and,'~r any or TILNANT's initial equipment is a reasonable
required subordination. TENANT hereby al'l]rms that as of thc date of cxccmion
26
oF this I.¢asc lhcrc is m~ dccd of trus~, mortgage, or other any other encumbrance
~Fl~ctin~ this I,casc or any of TIfNAN'I"N property that m~y bc placed within thc
I.EANED AREA. OWNI~R promises that Ihcrc exists no mortgage, dccd of trust.
or other encumbrance or plcd~c hy OWNER that i~ superior to TENANT'N
Leasehold interests in th~s I.i~ASE. ~nd thru OWNER sh~ll not knowingly enter
into or suffer ~ny such encumbrance to become superior to any of
interests under this i.case. The only possible exception to this promise by
OWNER could bc an encumbrance that is not avoidable by OWNtSR as a matter
off law.
19. ,'Mi.~cella neou.s l'rovi~ions.
A, ('O,,VI'ROI, I,I,VU /,,,ltl'. This l,casc and all license agreements and
olher agreements rclatctl hereto and thc pcrlbrmancc hereof shall be governed.
interpreted, c~mstrucd and regulated by thc laws of' thc State of Florida. Any
lawsuits that may be brought to cnlbrcc any part of this i,casc, including any claim
for damages, shall be broug, h[ in ('oilier ('ounty.
B. BROKER,?. OWNER and TEN/\NT represent to each other that they
I]avc not negotiated ~vith any real estate broker in connccticm with this l,casc.
('. EN77RE ,,I(;REEMENT. This l,casc, including attached exhibits
which are hereby incorporated by rctL'rence, incorporates all agreements and
underslandings t~ct~vccn (')WNIiR and TI!NAN'I'. and no verbal agreements or
underslnnding sha}l be binding upon either ()WNER or TIiNANT. Any addition.
varialion or moditicalion to this l,casc shall he incl'Ibctivc unless made in writing
and signed by both of thc parties.
I). ('ONIY,V~/ED ('OMI~L/,,IN('I:' 11"/7'tl .,ILl, ,,I/V~LI(',,fBLE RULES.
OWNER agrc,.:s that tl~e I,I':ASlil; ,,\RI.iA complies ,.rich and during thc tern] of
this l,ease shall continue to comply with all building, life/safety, disability and
other la,vs, codes and regulations of any applicable go,.'cmmental or quasi-
governmental authority. ('orrccting any such non-c~,'npliancc shall be
accomplished at no cos! or expense of'I'F, NANT.
Ii. SU('C'I!.$'S()RS AA'I),,k'fSI(iNS. This l,casc, all licenses, and all other
directly related agreements shall he binding and inure to the benefi! of the parties,
their successors and/or assigns. This l,casc, and each and cvcry covenant and
!6E 1
condition herein, is inlcnded to bcnelit the I,EASF. D AREA and shall extend to
and bind all successors and assigns of ih¢ respective par~ies.
F. NON-TI'i('Ih'v'I(',,IL Rf'L,II)IN¢i 0I" Tt'iR~IS /INI) ('ONI)IITONS. All
provisions hereof shall bc cc)nstrucd as both covenants and conditions, thc sarllc as
it' tile words importing such c~>vcnants and conditions had hccn uscd in each
separate paragraph. No distinction between a condition, a term, a promise or a
covenant is intended,
(i, N£[/17?/11, ('ONSI'R['('IT()N. iiach party has had an opportunity to
review ami negotiate this I,casc and have executed this I,casc only after such
review and ncgolialll~n. Thc language ~t'cach part of this I,casc shall I)c construed
simply and acc~rding t~ its fitir metaling, and this I,casc shall n~t hc ctmslrLIcd
more strictly ~n thvor ~r against either party.
I!, ,,I/7'ORNEE5" f"EES, Ir either party institutes any action c,r
proceeding ill court mcn f,.',rce any provisic)n hcrcol: such as an action lbr damages
for any alleged breach ~1' any provision hcrcc)l: then the prevailing party in such
action or proceeding shall be entitled m receive l'rom thc nero-prevailing party st~cl'~
amount as thc court may a~!iu(,lgc to be reasonable attorneys' l'ccs for the services
rendered to lit,.: l)rcvail~ng [)arty. together wilh ils other reasonable litigation
expenses,
I. I.:,IIL~/RI:' l'() ['[/RI.i ('L,'R,,IBLE BRt!,,I('II. If cilhcr party brcacl~cs
this l,casc in any manner a~d Ihils lo commence m cure such breach within thirty
(30) days al'tcr rcccix'ing ;~ written m~ticc l?~m thc other party exactly xpccil%'ing
thc violation (or if thc hrcaching party fi~ils thereafter t~ diligently prosecute thc
cure to completion), then thc non-t~reaching party may cntbrcc each of its rights
and remedies under this l,casc or provided by law or it may (although it shall not
be obligated to do so) cure that breach or pcrlbrm thc breaching party's
obligalions (on thc brcach~ng party's behalf and at thc breaching party's expense)
and require thc breaching party to reimburse all reasonable expenses incurred in
doing s~. plus interest (th~m thc date such expenses arc incurred until
rcimburscn~cnt) at twelve percent (12,;,) per annum.
J. SEP'I'.'R,.IBILII')'. If any portion of this l,casc is declared by a court
ofcc)n'~pctcnt jurisdiction to be invalid or uncntbrccablc, then such portion shall be
deemed moditqcd It) thc extent necessary in such court's opinion to render such
2~
16E 1
portion enforceable and. as so modified, such portion and the balance of this l.easc
shall continue in Rill force and effect.
K. INdUN('TIONS ~IN/) EQ[/IT,,1BI, E REi. IEI:. In addition to all other
remedies provided fi)r in this l,casc. ()WNI:,R and TF, NAN'F shall be entitled to
immediate restraint by injunction (or any other appropriate equitable remedy) of
any violation of any of thc covenants, conditions or provision of this Lease.
l.. ('/IPI7ON.5'. Thc captions ot' thc paragraphs used in this I.casc are tbr
convenience oF rcFcrcrlcc ~mly and shall not al'iL'ct tile irltcrprctation of this l,ease.
M. GOI'ERN~IENI',,II'I'ROI;4L.S' B}' 77:'NANT: ()WNI:,R acknowledges
that TENANT'S ability to use thc I,F, AS[![) AP, IiA and TF, NANT's Property for
its intended purposes is coHtingent upon 'I'F. NANT obtaining and maintaining.
both before anti after thc ('ommcnccmcnt l)atc, all oF thc certificates, permits.
licenses and other approvals (collectively. "Governmental Approvals") that may
be required by any Federal, state and/or local authority, including OWNER, lbr the
foregoing uses and improvements to tile l'roperty desired by T[iNANT. OWNER
agrees to co:,pcratc with TI!NANT in TIiNANT'S efforts to obtain such
governmental Approvals and ()\VNI.iR shall take no action that would adversely
affect TF, NANT'S obtaining or maintaining such (3ovcrnmcntal approvals.
N. ,tlF,.ilOR,,INI)(./,II 0I" LE,4SE AGREEMENT: ('oncurrcntly with thc
execution of this l,case. ()WNi(R shall execute and deliver to TENANT
recording a "Mcmoramlum ot' i,casc Agreement" in Ibc lbrm of thc attached
Exhibit B.
IN WITNESS WllEI~,I:;()F. ()\VNt:P, and 'I'liNANT have dui3' executed
this I,case as of the day and year lirst above written.
ATTI';ST: ~
DWIGItT E. BRO('K
CLERK OF ('O1 Il(TS
29
16E I
Approved as to Form and
Legal Sufficiency:
As§istant County/,,ttorncy
County's S. S. Tax No.:
"TENANT":
PrimeCO Personal Communications. L.P,
a Delaware Limited Partnership
Print Name: ~
Title: 'r-,=o,ctcm
Address: 777 Yamto
STATE OF FLORIDA
COUNTY OF
Thc foregoing [!asr Naples ('ommunity Park Ground [.case ,.,.'as
a. cknowledged befbre mc this i "' day of~...___. 1997. by
~.C\i..~,~, ~, k [~',,.k U_ _. as thc' ~. ., ' of TENANT. a Delaware
.~ :~i~,~, ,~,,~.~,.~,
Limited Partnership. who is personally known Io me. '
,, Notary Public
My Commission Expires:
30
~6E 1
DESCRIP-RON OF PROPOSED LEASE PARCEL
31E ~ST :-:~E ']F ThE NCR~E~L'F :.}40.99 FE~ CI FHE '~ESTE~Lr
CF ¢~10 ~E':~ ~ 574.98 ~; FHE>ICL ~ ~ ....
2~. 5,300 :(:~. :~E>~CE .~.3%3J'~'E.. 50.00
', 50.00'
·
LE. ASE 81TE AREA SKETCH
DESCRIPTK)N OF PARENT TRACT
Of:: ~ ACCESS EASEMENT
~ ~$I[~? 1,J~ ~[[r ~ ~m 24, tO~ ~ ~.
S~ ~C~ 24, ?~(M;[ N0~I~I4'W ~1.~ ~( ~t
t[~ M ~ ~S~[~ ~.~ ?lIT M ~ ~Cl~ 24, lag1
T~, T~[ 5.81'0~w., 42.33 FE~; r~[ N.~'
t~[ 57~'4~W. 134 46 FlIT TO r~ ~NT ~ T[R~.
f
PARENT TRA CT
41 25 ACRES +/-
, )
PROPOSED
'i ).:
", :)(
EXHIBIT "A2 °'
DESCRIPTION OF PROPOSED LEASE PARCEL
~rE[ O~ I~6 wEStERLY l.z90 FEll. LESS rile ~lORl~ 7~0 FEEt OF f~,[' wFS,
990 FEEl ~ND LESS the Nf)RrH 5N rEEF FOR RICHf-OF-WA'~ OF sEcr~,j:?~ ...~
r~E E~f L;~E OF THE NORfHERLY 1,94099 F[~ Ot file wESTERI, r '.29u
O~ %~0 5ECr~ 2~. 67498 FE~, rHEN(L S84'08'J~W 41728 FEET rO r~E
POIN[ OF BEGINNING, rHE~Cf s.eg']3'4o"w., 5ooo F~ET, THENCF ~ 00'26'
2¢W, 5000 rEFT. fHENCt N89']3'4d'F.. 50.00 FEET. fHENCE
~f) 00 FEET ro h~L. POiHf 0F 8EOINNINO
m i i
50.00'
S89'55'40"W.
L EA,.gE $~ A REA SKETCH
$,CAL.E ~"= 20'
.....----- GRID AZIMUTH-
16E
1
';II()RT FORM L£ASE
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NI I."; (' F,I .I ,ANI!( )1 ~.~ ('( :H~, !~, ILS I)( )N I)ILN('I.~
JANI IARY '~
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F()R II{)ARI) A(' ri()N:
I. ,~II.',;('i.:I.I.ANI-:()I IS ITI!N.I.'4 'I'() I:11.1.: I:()R RI!CC)RI) wrrll A('TI()N/\,~ I)IRI.:("I'I!I):
AGENDA ~__~TEM
JAN 2 0 1998
I
16G-1 '
RECEIVED
NOV 5 1997
Pathway Advisory Committee
tothe
Na~les
[Collier County)
Metropolitan Planning Organization
Friday, November 21, 1997
8:30 a.m.
Collier County Development Services Center
Conference Room E
2800 N Horseshoe Drive
~ancock
ConstantSne
~errI
Misc. Co~r~s:
Bate: / ~~-~-"
Copies lo:
.,\gert(ia
["ATIIWAY :\DVISORY (;OM,",IITTEE
of the
Naples (Collier Count).)Metropolitan Planning Organization
November 21, 1997
8:30 a.m.
(~ollier (;ounly Development Services (;enter
Conference Room E
2800 Norlh llor~eshoe Drive
Naple.~, i"1, ..t4104
,Votice:
Any per~on~ ~,i;hing tn ;?eal~ .n an)' ~cheduled ak, enda ih'tn tnu.,t regi.~ter prit~r to .,peaMng. Any person
desltlng to have an ttetn ?laced t,n the agenda ~hall tnake a request in writing with a de.~criptian and
sumtnarigation .f th,. item t. the ,$ltr>fJ It&3.cle and Pcde,trian (.'oordinator at lea.,t 14 days prior ta the date of
the next .~cheduled tnreting .f the I ~. ! (:
lin)' person deciding to appeal a deci';it,n of the Board will need a record of the proceedings pertaining thereto.
and thereft~re rna)' need to en~ure that a :'erhotitn record of the proceedings is tnade, which record includes the
teltimon), and ~'idence upon which the appeal is to be based.
I ADDENI)A l't)TI{E A(J[!NDA
2 APPRf)~'Ai. ('}I" NIlNI/TI!S
.I OI.D !iI,'SINESS
A Intr¢*duclmn of Nc,,,,' ('t~ordinalor and a .qummarv o( Intent
1)iscuss~on Ilus I't]ur ~t'Immokalcc
(' 1)i,<uss~on Prolctt Selection for 19q7-q8 l.ocal Funding
D Repot! l:D()l'Work Program Pathu,.:~v Funding
4 NF, W III~SI?.'liSS
5
6
llricting I'A(' .\lcmbcrship Update
I1 Designation ofa PAC (;hair and Vice-chair
C Proposal for Budgeting Signs and Spot Improvements
MISCF. I.I.ANF. OUS ('ORRF. SPONDF. NCI.~
I)ISCI;SSION ()F AI)I)!!NI)A
7 ADJOURN
......................................... IIIf"l
DATE: Wednesday.
TIME: 80Oam
PLACE: Friendship Ih)use
Immokalec. FI.
Robin Carver
Chef Compton
Mike Conway
George Dondanville
Michael Feldman
Christopher t tagan
William B Kimberly
Theodore P l.itwin
Elizabeth Ann Winnie
AIlS
ABS
AIlS
.,kBS
,\!iS
ABS
ABS
X
X
STAFF
Jcrcmy D Batlis
Ken lle&thcrington
Gavin Jones
Amy Taylor
X
ABS
ABS
X
Olhcrs Prcscnt
Russ Muilcr. Art Dobbcrstcin
..\nnc (;oodnight. County School Board
Wahcr .%t)lomon. ShcritFs ()tticc
\lalw [,ambcrl, Friendship l lousc
.NOTE: DUE TO TIlE I.ACK Of' A QUORUM, TIlE PA(.' MEETING COUI.D,NOT BE ilELD. To
PROVIDE CO.MMISNITY REPRESENTATIVES WITI! AN OPPORTUNITY FOR VOICING TIIEIR IDEAS,
AN INFORMAL DISCUSSION TOOK PI,ACE.
START TIME: 11 00am
PRESIDING: N/A
I. ADDENDA 'FO Till.: ,',.(;i';NDA
N/A
2. APPROVAl, OF ,MINITFES
N/A
3. OLD BUSINESS
N/A
4. NEW BUSINESS
The October 15 PAC meetin~ was to have included a bus trip to lmmokalee to tour inspect
sidewalk conditions Though thc PAC meeting could not be held. the tour went on as scheduled
Afterward. community rcprcscntatives met ~.'ith fAC mcmbcrs and County staff at thc Friendship
ttouse and exchanged their vmws on lmmokalcc sidewalk needs
Discussion centered around tu,'o potential corridor projects
Lake Trafford Rd had previously been assigned CTST funds but ~,as dropped duc to
environmental mediation liability tX sidc~,,alk from l.ittlc I.caguc Rd to Tavlor 'ret u,'ould pro~.ide
a link from a nearby clcmcntarv school to a hou.sm$ subd~,,'~on [his distance is less than the
original pr,~?~sal u, htch '.,,r,~h! h,~*.~.' extended bcvond Taylor Fcr to I.akc l*rafford ~tsclf There
was a suggc,,t~on that th~s ',hotter ch,,tancc may serve the hulk of thc travel need u,4thout the need
for environmental mcd~aI~m I he r,.:quc,,t has been rcsubmittcJ to (.'TS F
The second corridor project has three potential ahgnments that u,ould connect ChaHotte Rd to
the community medical ce,ret a~ Madison Asr and SR 29 The three possible streets for
sidewalk constructmn are .Madison Ave. Ne~m:arkct Rd or Jefferson Ave Community
represcntati,,'cs predict that h.'~mco'.,.ncrs residing along Jefferson '.,,iii be resistant to increased
foot traffic Neu, markct may conflict ',,.'~th Immokalce Main Street revitalization efforts to reroute
heavv thick traffic along Newmarket .Madts4m ~s thc most direct route, but sparse development
along thc street raised questions of possible underutflizatton
Public school representatives also recommended a short project along either Fifth, Sixth or
Seventh streets s,~uth
5. ADJOI'RN
Discussion closed al 12 t)~) p m
SUPPI.I.;MENT 'FO ()L,D BUSINESS ITEM 3.A.
Bicycle and Pedestrian Program Agenda
/)e/t/tied helt,w t/re/tcm~/Itc Il/kc/'cd ( 'oordttut/or wo/l[d I/kc to addrc.~'.s' during, the next
)'ear. [h/.~ 1/.~1 t.~ fi~r ~h~c//.~,~lO/t [~t/r?o.~c.~' a/Id ,~'houM he .~'tttd/ed for ft'tt.~'/bl[tly, t/meline.~s
and commu/tttv .~ervtcc. [ht.~- llxl 15 Ilo/ meant Io he an exhtltlS'llVe me/ltlOtt (~ all the
po.t~/hle oh/e~'t/vt'.~ t~f thc f'rt,~,ram
Revise the Pathway i'lan
(!) Update Existinl~ Pathways Map
(2) Update 2020 ,'~laps
(3) [ipdate Existing Naples [Irban Area Bike Map
GlS-qualitv mar)
Include new bike [hcilitics
Add planned bike facilities
Remove listed routes in disrcpmr or not meeting current standards
(4) Example--The Seventh "E'
Reason The Co/mir should
take an actt,.'e lead as a ~nod¢l organ~,'5~tton by provtdmg thc neccssa~'
supporl and infrastntctur¢ that ~.,.ould alit),.,.' tls employees an alternative
to driving for shoal trips d/rang v.'ork~ng hours "[:.xampl¢" would join
Establishmcr~t. t')~gtnccrmg. Educatmn. Enforcement. Encouragement
and [~corlotnlcs.
Rccommendatmns: That thc County install quality bike racks in conspicuous
places at all Cotmtv Buildir~gs. That thc Count>' cqmp each County
cmploymcn: center v.,Ith a l~nr,ited bicycle tlect to allow employees the option
of making ttlI'~ by bike. 'that the Cotmty study aznending its criteria for leasing
office space lo recognize the abil~tv of customers and employees to access the
£aciliw by nonmotor~cd transpo~alion. Besides tim presence o~ sidewalks
and bike lanes scrvicin~ Iht thcilily, considcratio~s would include proximilv
lo similar se~ccs, proximity Io work day-relaicd destinmions (such as lunch
places), and customer convenience. For existing facilities that thc County is
commitlcd to maintaining, thc C{)tlllly should devise a program to improve thc
environment for bike and fi)c)t traffic to and from these destinations.
($) l)efininl~ Pri,ritv (~riteria--A Rankinp., System
more cq~tahlc apprcmch, recognizing that thc greatest nccd tends to lie
w~lh those Icasl I~kclv or able Io parlicipatc in public involvement
fort,ns For ~nstancc user groups such as children and thc needy are
perhaps ~hc ~rcalcsl users of sidewalks and bike hmcs but rarely arc
able to vmcc Ihcir conccms,(Studics show more walking and bike trips
arc made by households with t~wcr cars.)
Policy I)ecistons: l')eticiencies v. Potential--'Fo target places with the
greatest need or those with the best chance of generating additional
non-motorized taps'~ Data indicate that areas of high potential (those
possessing a likcliho~d of generating tbot trips} already have a
developed pcdcstrmn infrastructure. [],v contrast, areas most lacking
pc¢lcstr~an l'ac~lilics It?nd lo bc those areas wi)crc increased investment
v,,'oltJd gorier;Ilo l'cu.'cr marginal trips,
R¢collllnendatlon I'islablish~nu two ranking systems- -one thai considers
pcdcslrian potential ami anotllcr Ihal reveals pcdcslrlan dcticicncies. An
average of II,cst txv~ crstcrsa xalucs would provide a number tbr comparison
wilhotherpolcntlalprojects [lascd on thc policv thc Bikc-Pcd Program
adopls. ~hc tbrmula l~>r timtsng :he average could be weighted more heavily
toward potential or dclicicncv
Possible (7riteria Include:
()ne-quarter nulc radius of attractors- parks, shopping, pedestrian-
friendly zoning
()nc-mile raditm of schools
Collision/thtalllv repons
Citizen requests
Abllilv of local government Io pay
1
Public space value of a street
Private filnding match
ProJect increases connectivity of existing system
Presence of shade and street trees
Barriers .... water, traffic, topography, property restrictions
Lenbqh of street segments
Traffic volume
Nature of street segment--arterial, local, main street, pedestrian district
Recommendation: To nominate, designate and classify streets considenng
both their current role v,'ilhirl Ibc county's transporlalion network and ~hcir
envisioned purpose
RecommcncJation: l.imit initial input ranking criteria to variables that are most
likely to remain consistent or v;hich may be forecasted (street character,
devclopment)~ This should prolong their shelflife. Year-by-year, factor ~n
dynamic variables fsuch as citizen requests) to highlight project candidates
and sen'e as an additional consideration when evaluating close contests.
(7) Set Quantifiable Goals and Develop a Svstem for Trackin~ Progress
of those ¢;oals
Rca..;on: 'Fo solidi~' tile Program's purpose and to better demonstrate
thc accomplishments of thc Program. Goal that arc spelled out ("200
mile,~ of new bike lanes, 30 percent more users and a 20 percent
reduction in collisicms by 2010") arc rnorc measurable than ones that
arc vahm-bascd I"mcreasc opporluruties for biking and walking,
promote mm-motorized travel, reduce accidents"). Knowledge of goal
attainmcnt/n(m-attainment will allow for better feedback to tile public
and elected officials That. tn turn. will allow concerned groups to
make dccismns about how to support thc Program (more funding?.
more citizen it~pt,t'?, les:; scope?).
(8) Standardize l,anguage and Design
Reason: to rernedv confusion surrounding different ten'ns which have
sometimes been used synonymously.
Recommendation: New definitions as fi'~liows:
A sidewalk shall refer to a concrete right of way devoted to persons on
foot, skates or v.,hc¢lchair that covers a complete street segment.
Sidewalk v,'~dth si'mil be a minimum of six (6) f~et on all streets ~reater
than local capacity Il:irc (~) l~ct on local streets). Sidewalks should bc
conslruclcd ~m bolh ~idcs of lilt slrccl except in instances where il
would impose all Ilndtlc hardship duc !o environmental media/ion or
di~cuhv of (~blamin~ ncccssa~' ri~hI of way. Any walkway less lhan
three (3) I~ct ~n w~dlh shall not be considered a sidewalk.
A bicycle lane shall bca .striped segment to thc right of tilt: roadway
and m"~ both s,des of thc street, prci~rably six (6) t~ct wide and a
mln~nmm ~hrcc ~3) t~ct in ~vicllh. t~icvclc lanes shall be marked bv a
white p;untcd figure wilhin thc lane with al~ arrow indicating direction
of Iravcl. fiflh~x~cd by a b~cvclc moa. tbllowcd by thc text "()nly."
ilm~clc lanes shall be Ihnhcr indicated by a sign reading "Bike I.anc.
Jl~cvclc Ic~m · ()nlv Right I.anc "This signagc is preferred to thc
fbrmcr ('~mntv slandard because ~t eliminates doubt as to thc proper
tJircclmn ~>~' travel and Ih;il thc Jane is dedicated to bicycle travel. Thc
diamond dcslg~ ~n many jurisdictions indicates l IOV (high occupancy
vehicle> and rnav thus result in coati,sion or thturc conflict should thc
county chose at some thlurc dale Io implement t lOV lanes.
A bicycle route ..'hall bt: a signed, usually unstripcd, recommended
dIrer:Iron (~f travel al,,ng streets of lower tral]]c volume. A bicycle route
shall have ;m ~r~gin and dcstinatmn anti be marked by arrow signs
~nd~cat~ng ncccssa~' turns along thc route accompanied by placards
w~th ghc x~'ords "[lic~clc Route" At a minimum, it is recommended that
thc name of tl~c route, thc origin and destination, distance of travel and
n s~mplc map diagram listing primal' streets be placed at the endpoints
of thc mute. Ideally a bike route would pray,dc minimal suplx~rt
Ihc~lltics tier bicyclists at occasmnal intervals sucll as drinking water
and a weather shelter, lllkc routes may also bo accompanied by traffic
cal~n~,g dc~ ~ccs and limited nttmbcrs of stop signs to make thc route
saik'r and m()rc cfl5cicnt lbr bike usc.
A bicycle or mixed-use trail shall be an exclusive right-of-way lane of
travel.no less than ten (! 0) feet in width separated from thc roadway
allowing two-dircctmnal travel tk)r thc pu~ose of greater connectivity.
speed of travel and recreational Ihlfillment than the nearest roadway
can provide A trail shall not bc constructed tbr the purpose of
[brcgo~ng s~dcwalk constructmn when sidewalk construction would
clearly be a greater bc,cfit lo pedestrians. ()n trails projected for heax~'
recrealio,al usc ol'diffcrcnl modes (~oggcrs and in-linc skaters), a
mixed-~sc palh sho,ld bc conslr, clcd wilh a riffhl-ot~way m~ less limn
twelve ( 121 I~cl in widfl~ and a stripe lbr separating directions of travel.
Bicycle Ira~ls may bc constructed .f cithcr concrete or asphalt but
sho,ld be b~,lt in a quality fashion with as little variance of slope and
cross scctmn as possible. It is imponant that at driveway crossings
there bca stop sign Io signal thc motorist to stop. A painted line should
also be provided as an additional sal~ly prccaut,m and to ensure the
IraJl righl-,f-xvay ~s preset'ed.
TI'lc Icrms palh'.vays, bikcv,'avs and bike paths should bc avoided in
¢)f'ficml (locumc,taf~lm in Ihv,r of Iht less amt)igmms ami intcrprclivc
temps listed above, For thc sake of brevity and Ibr discussion purposes.
let palhways rcl~r to all dedicated tbot and bike Iravcl right of way.
i,ikc~v~sc, bikeways may rotor lo thc combination of bike lanes, bike
routcs and bike trails.
Pedc.stnans and bicyclists should be rccogmzcd as separate, distinct
users, each with their own needs, Provisions fi~r each should be
cons~dcrcd independently of one another, l~ikc lanes should not be
considered a substitute tbr sidewalks just as sidewalks should not be
cnco,r:lgcd fi)r usc by bicyclists.
l'rocuremen! and Installation of (;eographic lnfl~rmation System ((;IS)
To pro,.4dc instantaneous, seamless custom maps of pr°Jects, rcqtmsts,
deficiencies, traffic salktv reports and other data comb/nations
To provide a uscr-IYicndlv environment ol'dam cnt~' and retrieval
To provide Iht possibility of alloxving thc public to access
geographic inibrmation on linc
To establish an integrated database and map generation system
R. ecommendalmn: That :he MP() provide the resources and personnel to staff
a (lis program.
Infrastructure Inventor?' and (;ollection of Related Data
Colltil'ltle ti) IBvI211IOF¥ and evaluate street collision reports
Audi! ex~sting Naples Mctm Area Bike Map for Accuracy
Begin needs and condition inventory of sidewalk system
Track and coordinate with FD()T. Transportation Sen'ices and OCPM
to be aware of road proJects
Begin semi-annual bicycle count to gauge ct,trent usc and growth of
modes
Recommendation: That tile IDAC volunteer time to assist in tile collection of
street dala.
Safety
Discourage thc practice of sidewalk riding by bicyclists
Consider better cnfi~rccment of lighting rcqmrements for night use
! {elmer promot~C:l
Better enforcement ~I~ citing cars for parking on sidewalks
Image
Marketing the ,lea of walking and biking
Dispelling the notion that non-motorized modes arc reserved for
have-nots
Show users one potential route of meaningful length that can provide a
recreational or transportation ftmction---a showcase project
Responsible Neighbor f'rogram--A salute to businesses whose
employees exercise commute options. Certificate would verify
that 5 percent or greater employees arrive by carpool, Foot or
bike. (}old Certificate for 10 percent. Platinum for 20 percent
and over
l]utfof~s, stickers, pocket calendars, coupons to give away
Public information through pamphlets, publications, op-cd pieces
Reestablishing Bike to Work Week
Walk- or Bike-to-Work week in thc ()nc of thc cooler months
Corporate challenge
Prizes, ancillaries, event sponsorship
Establishing a (;ounty-assisted Financing Mechanism for Private
Sidewalk Improvements
Residents of a street or PUD Interested in obtaining sidewalks
could R)ml a local improvement district (LID)
I.ID would have the ability to get preferable construction rates
due to economies of scale
Rcs;dents would benefit from increased street safety and home
vahle.%
County `.vould provide I0-, 20- or 30-year constrtiction linancing on
the cost of the project, alloxv~ng monthly payments as low as
$10 per month
Public Involvement
Target one "highlight topic" of discussi(m for each PAC meeting.
Advertise '.','eli in advance and welcome the public
Hold evcning/`.vcekcnd workshops
Pathway I}ud~et Incrca~,c
¢)rigmal bttd~zct $75.000 per .,,'car
Current budget S250,000 per 5'car
l.ast budget ;ncrcasc: 1995
.Suggested budget increase; S100,000
Non-linear Needs
Backgrour;d '1"o date the I3ikc-F'cd program has concentrated on
extel:ding thc sktcwalk and bike network and filling in missing
scgm:.:nts P, cscarch s,ggcs~s that even with basic infrastructure, places
`.,,'ill fail to al~ract pedestrians if rio provisions For street crossings arc
present..$imtlarlv bicyclists arc attracted to an area in thc knowledge
that Iherc ~s safe and secure parking available. Spot improvements such
as a whcelchmr ramp. s~riping and signing a trail crossing, and traffic
cor~trol devices all contribute to thc bike-pod cnviron~ncnt.
Rccommcndatmn Non-I.ncar bike-pod needs sllould bc considered alongside
proposed linear pr~).lCCls
interconnectivity and linkages
()nc of the biggest challenges facing thc pedestrian and bicyclist alike
in Collier County is thc tremendous scale of distance created bv
supcrblocks. (Jreatcr accessibility to create shorter distances and
greater nm'nbcr of choices in route selection `.,,ould make non-
motorized trips ~norc attractive. Similarly, `.,,'ails and a lack of
connections sometimes il'lake getting to a nearby destination a round-
about exercise that is more quickly and safely negotiated by car.
ILII I IIIII ............. m ..... ' -- ~ II ............. I'*11''''''~ ........... I ....... III
16G 1
Recommendat)on: Work to educate devclopcrs and designers that consumers
appreciate thc ability to walk or bike for pleasure or to destinations. Convince
them that negotiating a plan to incorporate bike and pod facilities into the
development allows them an opportunity to incorporate the PU'D's theme into
thc design.
Recommendation: Work to have thc l.and Development Code amended to
call for greater connectivity and accessibility to bike and pod trips. Work to
require that a mobilip< i~npact stud',,' be conducted For every new development.
Subcommittees
Rccc)rnmemlal]~)n F()r :he PAC to establish subcommittees in areas such as
public commtm~c;~t,)n and c,,'en[s, data cdlcction 8,: managcmcnt, and
acquisition.,,, & engineering.
16G 1
EXECUTIVE SUM MARY
Briefing: PAC Membership Update
Ob~'t:lh~t: To update Ihe PAC on MPO cfforls Io bring thc PAC up Io flzll
m~hlp.
Con~tdernttons: .Seven of thc mn< P,\C ~ats havc ~cn fillcd On ~lo~r 24 thc
',M~ I~ a~nled o~ ~ ~m~. Ans~a L /cnk~n~. and rca~ntcd ~ foll~mg
PAC ~:
M;~I F;~n
~ns tla~n
~C LJt~n
Mcmbcrs' Icrms arc ]'or a pcnod of onc :,car. cndzng Novcmbcr 1. 1998
Slaff th~s placed llddillonal no~ccs of PAC v.'manc~cs and will conlinuc rccruitmcnl
cfforl$ SlaJlanlzc,pale$ appomlmcnt o! ;~ complete PAC I~.' Dec 5
Stall' Recommendations.' For mform.mcrud p~)rposcs
Meetin~ Notes
Motion:
Made by:
Second by:
Vote:
PAC Agenda
November 21. 1997[
Item
4.AJ
EXECUTIVE SUMMARY
Designation of a PAC Chair and Vice-chair
Objccli,c: To have the PAC aplxnnt a Commmcc Chair and Vice-Chair.
Coaddcr~lions: Michael Coms'~. the previous PAC chair ss no longer W~th thc
PAC Chris Hagan, is currently Vicc-ctu~ir.
Staff' Recommendallont: a,\C members ,should -',ppomt a Cl~a~r and Vicc-chair for
thc Corem,rice. PAC mcmlrgr,s sl~uld dclcrmtnc Ihc length of terms for Ibc
DOlltiofls
Meeting: Notes
a Date'Q~ 31 1~97
Revt~ed , Date: O~, 31, 1997
by: }~C. lle211h~nnfflon. AICPa. MPO Coordinator '"
~ Motion:
'Made by:
Second by:
Vote:
PAC Agend~
November 21,199~
Item 4.1:
EXECUTIVE SlIM MARY
Proposal for Budgeting Signs
and Spot Improvements
Objective: To discuss lhc need for a d~r.zrctmna~ budge1 Io ~mprc~'c su~nag:c along
bike routes and Io allo~ for pcdcsman ~pot smprm'cmcnts
Considerations: As thc B~cyclc and Pcck:~man Program has c~'olvcd. ~t has grown up
under %'ahems leadership and engineer:ag and planmnk *,choolq of Ihoughl
What ~3~ omc COfl.~ldetcd an ;K;ccpiabl,: b,oclc faclhly, stsch ;)s a onc-~;~, bskc lane
ota ~kc la~ two fc~ ;n wJdlh, f~ r~.~ con~tcd ~,~landard II ~ a prlma~' goal of
I~ O~k~ed C~tdlr~l~ Io bring ~hc cx~l~ng b~kc network ~nlo conformnncc ~h
~la~ard~/~ ~c~ plnnmng Ictm~lo~..~ con.~tn~lmn crl~cna
When a user ot polcntb'fl user of Ihc County's b~cyclc mfrxstructurc v~cw~ a s,gn
calling something Ics~ than a b~kc lane a b~kc lanc. it scads thc message th,al thc chute
~,',4¢m ~s substandard, faulty or of a ~ccond-class nature
Mote conslst¢oc'v In ~K~'lge rclalcd Io luke faetlil,cs would bol~Icr Ibc ~magc of
bl~'chng Iocalh ~hllc ict~cmne confu~,on Dmng so ~11 also allow infrastructure lo
belier match a fmutc b~kc map upq.mne ":aplcs Urban Area b,~'clc amcnnlcs
Pcdcslnan ~pol fmprm-c~ncms ~nch as pra~,d,n~ or tmpro..'lng a crosswalk or dL~iblcd
rnmp arc often m'crl~kcd ~n
cht~nls ~llhln a fu~:omll ~s~alk ~)~lcm l faring ~me fl:nds fcic'cd to addrcss
IM~ ~s could prm~ .,~h~h~lc
Staff Recommendations: Thai P,\C mcm~r~ con~ldcr approprl;mng a pon,on of Ihc
1997-9~¢ local [undmg budg~l to mlpr~.'mg blc.~'clc-rclatcd ~gnagc and performing
~idc~alk spo¢ tmprm'cmcnts
/ o tc:
[t~l~ed !)~~ Date: ~q ~ I. 1997
.Meet in~: Notes
.Motion:
?,lade by:
Second by:
Vote:
PAC Agenda]
November 21. 1997I
Item 4.C[
16
RECEIVED
pump [or the ~re hoses.
..... ', Vlnce U¢,err
HM said h~ would get with
aDOUt t t.
L, em )'ann~ I:
VlllCe DO.?I r
He ~;tatect that hO was going
pu3h numbering o[ residences.
,,.., IL,.
Hart -
Charl t e t~.~yn~,, ¢I:~
V I rice
Vtrice boarr -
NO, they' do rlc)t h,~Ve th~ m,',n~y.
lq,l; i Of ~/[I/)t. i~;]a O[ Ca[,t't 'S 13.
at .18. 1ney do not have the money.
Ie k~ynolda -
V:nce Uo~.rr -
nee 13n~r: -
iJffI le
Tony ~:'r, .~,
$~,iJUO, th~ tr:~ck J,~ riot worth that.
'lC, ti <ICJ IJ(~I -,,'.-'ii ~ for ,,n
from th~ f:l'e :,;t,t: l<,n, 9 IS
'.the Pepor:lnent J~; go~ng to do
,1 WhOJ~ ,q'Ff l<~'li} OrI this,
,l;~r;uary, L 998.
rice Do~?rr -
Vtnce bo~r~ -
,~et f Pa'j,.,
Tor~7 t:~ oc y.
t6G 1
l,,~m Pe~nel ~
16G
Pumper 61.
The mooting
COIJ.IER COUNTY GOVERNMENT
PELICAN BAY SERVI ,CE$ DIVISION
.qOl LAUREL OAK DKIVE
SUITE 605
NAPLES. FL 341~)~
(9.11) 597-17-t9
FAX (941) 597-4502
A CEg'TII~IED BLUE (:HIP ¢.()MMUNITY
NOTICE OF PIIBi,IC MEETING
NOTICE IS IIERBEY GI\'EN OF A REGUI.AR MEETING OF TIlE PELICAN BAY
MSTBU ADVISORY COMNIITTEE AT TIlE FOUNDATION CENTER, 8962 tIAMMOCK
OAK DRIVE, NAPI.ES, FI.ORIDA 34108 ON ,JANUARY 7, 1998 at 3:00 P.,M.
AGENDA
3.
4.
5.
6.
Roll Call
Approval ofklinutcs hr'the Dcccmbe~ I0. 1997 Meeting
Update on thc Clam Bay Restoration and Management Plan - T R Brown
Audience Participation
CommJll ee Requests
Adjourn
ADDITIONALLY, TillS NOTICE ADVISES TIIAT, IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY l'ltE PELICAN BAh' ADVISORY COMMITTEE, WITtl
RESPECT TO ANY N1AT'I'ER CONSIDERED AT Tills MEETING. lie WILL NEED :\
RECORD OF Till.] PROCEI!DINGS AND Ttt,,\T FOR SUCtl PURPOSE, tie MAY NEED 'to
ENSURE TIIAT A VERB,.\TINI RECORD OF TIlE PROCEEDINGS IS MADE. WttlCtl
RECORD INCLUDES Till-'. TESTIMONY AND EVIDENCE UPON WtiICtt TIlE APPEAL
IS TO BE BASED
~orrt$ .,
Naples. Florida
Dcccmbcr Ir). 1997
LET IT BE K.NO~,~,'H. Ihal Ibc PclJcan Day, MSTBU Advisory. Commiltcc mcl in S~cial Scssion on Ibis
dalc al 2:30 P.M. al Ibc Fo.ndnlion Ccntcr. ~962 tfam~k Oak Drivc. Nnplcs with Ibc follow,lng
mcm~rs prc~n[:
Dr Alan Varlc.s. Chairman
Mr. Gcorgc Wcrncr. V,cc Chnnman
Mr Tho,nas Bro~n
Mr R~k~ Cra,gl,cad
Mr. Frcdcnck Fl:mo
Mr Ed~ard Gr,ffuh
Mr Glcn II.srrcll
Mr. Ilcrbcn Ilasson
Mr. George Hcrmanson
,",Ir. John tlo:,!
,",.ir. Russcll Mudgc
,'".'Irs. Cora Oblcy
Mr. Anthony Pitts
,".'ir Charlcs Poppcr
Mr. Bcrnon Young
ALSO PRESENT V;~r~ous rcsidcnls of Pchcan Bay (approxlmalcl? 1); ,',,'Ir K)Ic Lukasz.
Pchcnn Bn.s Fl,:hJ ?.'l,m;u:cr. Mr /nmcs P W;ird. Dl~,ision Admlnistr;llor and ,Nits Barb;lr;i Smith.
Rccording Sccrc;.lr,,
,A (; EN D~A
Roll C;,ll
Appro',;ll of M,nulcs of Ibc No',,cmbcr 12. 1997 ~]ccIiRg
P¢lic;In Ba~ Sccunrv
UI'Ktalc on Ibc Chun E.,]y Rcsloralion and Managcmcn~ Plan - T. P. Bro~ n
A,dicncc Pan ~cD;mon
Comm,,cc Rcqucsls
Adjourn
r¢)l,l, ("A l,|.:
Dr V.]rlc's c.dlcd Ibc lnccllng IO order arid askcd Ihal Ibc Rccord silo.,,, all mcnlbcrs prcscnl
~PPROVA. I.. O1:.~IINI~TI.;.'r4 OF Tile NO",'EMBER 12~ 1997 ,MEETING:
,lIt 3/t.~k,e -.n','d. ~ecomk'd by ,tlr l[oyt ami approved
,~ [ttlttf~'S .f thc ()c't,hcr l. 1997 ,~[t'~'lltlk, '
I
PEI,ICAN BAY
Mr Toll; [~ro~n cx[lkllltCd th;il Iht sCCt~rllx' ISSue xs'.lS prompted bccausc of h~o x~omcn hc knoxss
h.~smg ~cn burglar,/cd I lunc gone through a rcx~c~s of holes from a
March. 1995 Shcnff thuucr allcndcd one o~our mcclmgs Prior Io [hal. a qucsnonnairo
res~dcnls, of xsl,ch approMm;llcls 6~:, responded Thcrc ~crc 172 dial said ~c nccdcd nddilional scmicc
and log ~md no (ha of 2.')oo Fcoplc a yom small I~rccnl said ~sc nccdcd addilional prolcclion Thc
tankillg Ih;il CalllC ltl ;Il Ih;H Imlc ~sas s~cding or Ira~c cntorccmcnl bcing ntimbcr onc. brcak ins. tisch
-2733-
PELICAN 13AY ADVISOR Y C()~IMH'[EE
DECEMBER ItL I',:'~?
dnlg cnforccmcnl lb41 i~ t,,l~lc.llh ~h.ml c.m;c .~boul Wc ~crc Inlk~n~ ;]bo.[ dropping Ibc PinkcHon
~oplc Shcrlff }[unlcr ~MIcU .il lh~,l hmo Ih. fl m ct;mc ~l;lllMics. PCIIC3n ~;l~ ~;IS in Ibc Io~csl quadrant
Thc qoClllOn camc up of ~hclhcr ~c nccd morc ~CUrll~ and baslcnlk Shcnff J{unlcr said dial ~ou could
doublc Ibc num~'r of dcpullcs and ~ou ~o~l[J i1o[ rcducc brc;lkqns or lhcfls From homcs, bu[ )ou rmghl
could ~ gmn:d b~ ,~dd~lmnnl monc~ ~'h.~l m,mc~ 4to ~c lnlking :~boul' Mr ~]to~n commucd Ih,il
~t Yolll~ ~l,llcd 4l Ihnl mccltn~ Ih.~l hc ~ould hkc IO I~ one dCpul~ I~cnl~-~o,t hours a da~ and
pnmnrll~ on It~[fic comtol ,md ff~.~l ~ c~.lclk ~h.~l h.l~ h.~p~ncd Thc ~utc~ Ihal .Mt M,dgc cnmc
i~flh ;II lh~l flmc :~crc mcr {;IIIU~o(} ffOlll Ollf rc;)l C~l:llC l;lxc~ undc~rolc Iht Shcrl~s opcriil~on, but
u~cd for Ir;l~c ¢omrol ;u:d lh.tl i~ :,Il;il Sl:c.ff II::n[cr ~;Is dlrCClCd IO do tlc h;Is rcspondcd cx;Icll~ Ibc
liili lJlll Adt i~ C'ommmcc recommended
Mr Torl []rm~ n conlnmcd Ihnl once ;I rob~ ~s commHlcd lhcrc ;irc Four subdivisions - Pclic:m
[J;O. No~h N.;:Ic~, Goldcr: G.Irc ;~rld [~crgl:tdcs C:I~ Sgl Dol;m rcplicd lh;ll thcrc ;irc slx SlltlSl;lllO115
Tllo M;IIIOII~ o[ IIl-hc:llsc (flllilll;IJ II1~ t'Ml[;llOrs. ;Irl(] ~o.r Sl;lllOll~ Ih;il ~ofk olil of our hc;id(lu;l~crshcrc
Mr Muth'c ~l;llcd Ih;il ~I ~s rcall~ For ;I f. ll I~',~c I~cm~-four ho.r duff
Mr Yo.n~ ~l;llCtJ Ih;Il lr,llfl~ conlrol u,ls one of Iht prlorllics, bul ccrhlllll~ 11Ol thc orris
o[~cn a program udl bc ~I;irlCd. bul ho~ O~lcn is a progr:lnl Icrnlin.llcd'~ Vc~ seldom, I ~ould hkc lo
SllggC~l lhill I[llS ('Ollln.llcc tc~ lC% c~c0 ptoer:ml, c~cr> Fo;Ir Whclhcr ii is 51reel ]lghllllg. ~]l;llc~cr.
lCllC~l II lo dclcrmmc if uc 4re ~pcnd~ng IOo much or Ioo hlllc. ~h:~l do uc gel Oul oF ~l. and d~s
2754
PELICAN BAY ADVIS, ORY COXI?.IITTEE ;
DECEMBF. R ItL 19')?
Ir;VT< ~hccm.m. uc d~d ~1 for t~cnr~-fo,r hour <c,rll~ I rcmcm~r Dr G~man ~;Is ;I slrong
pro~nl ~nd one o~ h~s co.cms ~s lh.~l ~c had somc~y hcrc Io asszsl ~oplc ~n ~ quic~cr b~sls
Rcs~cx~ of all pro,rams ~s ;m cxccllcnl ~dca
Nit Mqdffc ~l.llCd Ih;il 15 something xsc should ~ doing ;In)hoxs
Mr rom Rro.,sn rcphcd lh;~l xsc shosfld, b~l II jusl d(<sn'l hap~n
Dr V,,~icx .l~ctJ for ~,i~c~tson~ on hoxs Io dn Ih;fl It Is axco' ncbulou~ k~nd of a fccl g~d
IJllllff J Jl,lIC i'l~Crl ',OtnC fho,s'ht Io Il Yoll hllk lO ~'r~pJc ;md lhcy %;1~ I]lc~ Jll%l foci g~)d h;sxlng lilt
shcr~ armsrsd Il i~ h,~fd Id JIl.lck il from just plJin num~f~ I don'l lhmk lJl;ll ss~ll gel ~ lo x~hcrc ~c
~s;~nl lo go Dr ¥;lrlcx ;~skcd NIt 'rom Rroxsn for an) .~ll~gC~llOn~ Oil bols lO rcxlCXS Ibis IlClll'~ { bclicxc
sst o~ghl lo ~ ptcp;~rcd for Ih:: b,dgcl ~cason Thc onl~ Im~c x~c ;~rc gotng lo tn;~kc anx ch;lngcs is ;11 IbC
I~mc thc b~dgct i~ p,t Iht:tiber, ;md I t<hcxc x~c I~:lxc ;}t~ ;Hml;:~l conlracl X~ilh thc Shcrlff;ind I would hkc
Io ~ prcp;Ired
Mr T~'m Bro~ n fcphcd Ih;il he did not have a suggcsllon.
Mt M,dgc sl,~lcd Ih;it x~c I,rcd and paid for. one shcn~s dCpuly for Ix~Cnl3-four hour dui3.
;irc ;l~lj~llCd lO IbC ;JtC;~s Ih,Il R,I',C IRC problcfns In order [u ~'cl Iht Icxcl of ~c~lcc ~c ~s;lfl[ for Pclic;irl
dcpm~cs sse h;:~e ]sere ;iml Ih;si i~ ~x[I;ll $~C shot~ld bc Iot~ktltg ;It prior [o producing ;~ ncxs budget Thcrc ~s
ImptoxelllClH OSCt xsh;H s~;~s here. :is comp;~rcd to prior to 1996 xshcn ~c Sl;lrtcd Ibc progr;]m lC I sec a
shCrllYS dcptll3 dr:~lng ;~ro,nd Il m;~kcs IllC foci good lind m;Ikcs ;I dl~crcncc I think th;ll ~f x~c did not
II;l~e thc l~serll).four hour coxcr;~gc. Ihcrc ~ould ~ more probJcms Ih;m ~sc h;lvc tod:~v
Mr. JJ;~rrcll ~l;llcd Ih;it ;fl thc time Sheriff J{tllllCr xs;is Jlcrc lie l~l;idc il clear th;it x~c x~crc going to
2755
PI:I.I('AN BAY ,XI:~VI.~ORY L'OMMH'H~E
DECEMBER IO,
J do r'~f[lcmbci' him ':,.t,,lni. t Ih.il ~',c ',:,i:,tlld ge! rlt('~re IiCk¢l,i [{¢ Iol¢.J I1¢, Ih;i! Ibc rcH(Jcnls of PcJican
',,,ol~l~.] b¢ gCllln< fl:~,cI~ .ii'tel Ihcr¢ ~ould bc fccdb,lck and ncgmi,,c COIllillelllfi. bCC;I,L',;C )Oil arc stopping
mc for ;! I~¢kcl ;~nd ',hould b.: ou~ ~Ic:pplng b;l~:ks from being robbed I ;~lu not surc ilox~' x~c arc cx'cr going
lO [llC;F, IIf¢ f'ZMiII~, b;l~,cd Oil (. rlllic
N1r Popper :,Mfcd Ih. Il com. cr'~clx ~1 ~s proxcn thill x~hcrcxc~ xou I:avc less pol<c protcctlon
[X111,,;¢ jlfOf¢l;llOl) Ih;il i',¢ h,l~,¢ rl(;:l. Ibc th.lli~.c',, ;irc Ih;it It ~ouhl prob;ibl~, .~:o up As
cnrlccrn¢cl. IhJ,, $1~pl).f,(io ~,, ,i (Irr~p ll~ Ibc hu,~kc! for lhi,~, COlllltllllTlI?. T~.hcH tOII he;ir
oilier ;irc;T% %'~if[1 t:;IrlE:, cfc Il ¢;111 ¢(IIllC (I~.Cf IrllO Pcll;';lll [];i~, ,r x,c ;if:pc;ir lO hc
It,l:, irt[: olJr (')x~ ri dcptzlI,.:,L j'H',,I [':s lh¢lr prc,,¢ncc x,,< ;irc gorllg Io kccp Ih;Il C[Cill¢lll OIll
m~l~ld 1~¢ a Ihrc,' ~c;Ir lr~41 ,Ind x~c ;~rc Jn our Ihlrd
C'~;llll,llllsg l%}lCll,<f ~.~.~ ;IfC l.%."lllll~ f'Pll/' 111011::.% '% worth T'h¢ poll1[ I ;llil fll;Iklllt: I~ Ih;Il
,ii,: dlfrcr¢ll! Ih;in ~,h41 ~c h.;xc I,~:c:'l doing '['h¢ (lll,..'~,lloIl 1'5. (IO~'~ cxcr.xhod.~ I'ccl belier 'l,,llh Ibc
IllllllbCf~ Ibc', donl IIl,,.';lll ;Iflllhlll[,. 1%h;IrC ,%Ir Hro,,~,n',,i fo,:Jlnl,¢ ;lbotil II. bill I doll'l kilOS:, ho~,i IO do II
Nil' l{;I,::,Oll :l;llCtl Ih;il hi: doc,; nOl Ihillk there I~; ;i x,~;l~, lo do Il MoM of
ho:ir ~,i,..'¢llfll~ ;Il ollr ~.(',lltJo',, [['.cf~. OliC COlll[]l;llll:i. ;IbOlll thc cost. hilt II'x lo t;lk¢ Il ;1~,~.;1% ffOlll ]h¢lll 'FILL",.
{.Jltil'l X%;lll! lo 11.~'.,0 I[ ]'Ilo III~ZIII Jill. Il'ti prolxll:l? ',Iccp,, :ill nl~hl, but IJIc:, like fool bettor x',lth ¢,olncbod:, on
NIl I I,lrrcll ',,I;llOiJ Ih;ti If ~(),l Io:~:k ;Il Ibc lll;llCfl;l].~ ['~i'o~ II. lcd Ihcr:..' ~',crc Ill() burgl;irlcs Ill thc throe
{)l',,Irl~:l% 95 [11 lit:Jr, ;lil(J %0 f. ir iii 19')7. Nil btlJ'gl,lrl¢5, '~llh grc, x~lh Il IS ;I ~.ci"¥ lo~.~, IrlCld¢lll r;ll¢ ~,~,'¢
PI':I.ICAN ~^'t' Af)'VI.fi¢)P,Y CO,',,I,MITTEE
DECEMBER In.
Mr Yo,mt~ ,t.ircd ~c ~crc alrc;~(h' s~ndmg
Ir.m~fcr o[ Ibc tn,lJ.tl rc',~)n~hH)~ from thc Found:~lton Io
a(ldm~ unlf()rn~.d of~r.cr~ ~lh ~rn~ ;)nd ,trr~l
[)f %',lllC~ ~l.l~CCJ Ih, il thc nc,,l qllC~llon I~. I~ there ;ln}lhll~g ~c ;irc dolrl~ II0~ Ih;il ~c could do
~llcl ~ ~f~ lhcrc ~us~c~fr(m~ v,c could lna~c ~o lh~ SIlcr~ [)cp;irlmcnl for nn tmpro~cmcnl'~
Mr Yr.m~ d.l:cd Ihnl ~llc ~o1111 rlcc(l~ Io
cnforcCmcnl, of ~h~ch Ir;riFle i~ju,.I one of Ibc prmr~l~C~ I flunk ~I i~ f,~rlr;isl~c ~h;ll ~c ;irc gCllmg.
fitll Do'..~n rcp,~rlcd Ih.H there tlscd IO bc Ix~o dcput~cs ;ts~lgncd Io thc d;ix shill, onc to IbC
aflcrnoon ;md ~.:~c h~ Iht nli:i;l ~h~fl Wc h;Ixc no~ rc;irr;mgcd Ibc %'hcd~[c Io h,l~c otto dcpul) f~using
on If;l~lC arid ~c ;IfC ll~)~ IOIIlg I0 kccp Ibc [~o dCpllllC~ ;1~ Ihctr SJllflS oxcrl;lp, on IJlc Inldlllghl shift to
ad(lr¢~ Ih¢ "D~n ~c~¢'l lh~r~l.~uc~" You ~111 rcmcm~f Ih;~I
c;mrhl I~o bur~l,~r~ m ,: Kntcd commuml) Ih;H ~c Ihoughl ~crc su~cls m Iht "[)~nncfscl G;H~g" ~'c
"[)~nr~cr<l (Lint:' ,md .lllh,~m',l. ',~c C;lllllOl pro~c
¢cH;llnh ~lll~l~ctJ Ix'c;msc If ~(n~ look ;~l Ibc bury, I;mcs Ih;il had t~cn h.~p~mng }usl I~o monlhs ago. Ihcx
h;l~c ~lop~d In rc~ym~c lo ~mtr cm~ccrns ~c haxc adjuslcd Ibc <hcdulc. rcf(~us~ng from lr;l~C back lO
fOCllSl IIg off
Dr V;~rlc~ ;~t;cd SCl Dol;m tf there ~;Is ;mxthmg ~c should bc doing to m;ikc thc progr;im
~':tcr ;md ~ h;H Lind of n co~[ lng ~s ;dong ~lth ~l'~
2:37
PELICAN BAY AI')VI.SORY
DECEM~F.R In. 19'/7
Sgl Dol.ln rcphcd Ih:~t hc I',, ;'~ Ii111¢ ney, h'~ N' pros~d~ng that kind of opmmn, but has gl~cn
lot of Ihoughl [ ha~c no rccommcnd;mons I don'l sec Ih;~l it ~s broken and ~f il iS not brokcn. ] cannot
~c ~hcrc i can fix it al Ibc rnomcnl
Dr V;Irl~ ;tskcd If Ibc feeling ~;ls Ih;it s~Cdiflg h;Id impro~c'd"
Sgl Dol,m rcpl~cd Ih;il il tl:l~ gtmc dox~n and I am prc~cml) ncgot~al~n~ for mo ;~ddi~mnal radar
~;;111~ II i~ n~l s.,o~xJ f~,r Ibc Urlrf~ Io ~' bounccd ,lr(~tllld ;Jiid Ir;m~fcrrcd ~rmn one c;ir Io thc olhcr
Dr N';)tI,.:~ ;f~ cd If ~cdln~ I~ ;I problem [r(m~ Ibc Shcr~ pofnl of ~ ~cx~'~
and f~ lo f~m~ fl,,: ;~ffcnHo~l of o~r I/;]['~fc II~Hf~ I ~JO nol ~cC Ir;~C ;~CCldCltl~ In PcJ~c;ln [~;j). bill ~c do
gcl cornpl;~ml~ or =onccrn~ from rc~dcnls s;])mg Ih:il ;I slop ~lgrl Il;is bccn pul ~n nnd Ihc~ ;irc mnn~ng
O~col~r~, I nm ~omK Io rCnCl n~,d ~:nd ;] dcpul) fo Ihnl S~lC S~cding ~s nol ,I problem m
~c;~ls~ ! am I~k~,~ nl Ibc mml~r o~ccidcnis lhal ;irc h;~p~'n~ng Viol~lllons c;iusc ;]ccldcn/s ;lnd ~hcn
D~ ~'nrlc~ slalcd Ih;~l ~c nccd ;1 ~u~Csl~on ;~ Io ho~ Io c~;llualc Iht pro~rnm prior IO Iht ncxl
btid~cl
one or ibC b~g pmnl~ ~;~ tha~ ~c nv.:dcd Io I;~Lc hold of our o~ n dc~l~n). COnlrol Ibc bc;]chc~ and
M;I~[~' nol In Ihal order, bul ff )o~1 c~cf look ;molher ~I1 m Pcl~c;m ~;~) aboul ~hclhcr )ou ~;mlcd
nlmnl;lUl IIn~ "drop m Ih~ buckel" ;md Nit Young ~;~ nghl. ~1 is onl~ ;lnother $1l)o.f)oO. )ou ~ould
prob;Ibl)-gellh~ ~;~1 majont~ ~)tn~ ~e hke~h;~t ~ ha~ I[;m)thin~.lhc~.~ould probabl) ~anl more
I Ihm~ Ii ~s a rc;d cmolmn;fl ~uc I~;~y ;Ind ~opl~ fecl vcD' good about pa) lng Ihnl amounl and I ~ould
slrongJ) recommend II,al ~c not I~ ~o fix SOnlclh~ng Ih;H ~ not broken
Dr V;irlc~ %l,llcd lh;~l hc I~'cls lhcrc ~ nOl one ~rl one hundred ~oplc here ~ho know ~h:]l ~xc arc
pa) mg for
275X
PEI.ICAN B&'¥ AI')VI~Or~,y CO,\I?,IIT1"EE
DI.'C[.~MI'I!!R I-
Mt,,, Obi,:', roper'lcd th.il ',he is J'crc al~ ~c.lr round and fi:els thc dri:'mg has slou, cd dou, n.
pnrllcularl.', amtms~ Ibc x~orkcrs coming Io ,and going from xsork People still cut lhrough Pclican Ba,, and
Ih~l ~s fine n.~ long a,i th~ maintain proper slx:cd. I al.~a fccl ha'.ing thc sheriff availab!.:' IS prcvcmion. It
msghl ha,sc ~toplacd some r~tx:rics Ih.at mighl ha,,¢ lakcn place. II is more Ihan a foci good ,md I bchcvc
Ihc people are more cnrcl'ul I sec more people trimming bushes by their xvmdox~s and doors, so that they
can '~¢c Thc? ~cr,: c~.cn ~,nm¢ good ideas and 1 Ibink os. trail Iho, haxc follm~cd Ihosc ideas It mighl bc
Mr Ila',,~,m ~14lcd Ibc fact Ihal Tsc h;ISC ll~orc ~cclJrllS h;l% l~ol dClCrrcd Iht b~cxcJcs ~ron) obc)ing
surpr~d al Ibc mm~r oEcompl.un~s Ih;il J field from Pelican l~ax biQclisls Pine Ridge ~s furious Ih;il
sou ,~rc ~smg Ihc~r qrccls and n~nn~ng their stop s~gns Wc don't general
~s~th rcs~cl Io b:kcs, mflcs~ ~c gel ;i S~ClfiC complaint Working on Marco Island for so man) )cars.
~lllChOSS In Ih~r ionlr;)cl~ ~Sllh Iht rc~Cl~C COll~l~lC(iOll COIllpalllk'S
;l~lfJiorll~, bill Ih,if iI~;~ b~ ;111 ~dc;I
Ihmk hard ;1~11 II ;11 tmd~cl I~mc [ ha~c a fcchn~ ~c ~s~ll bc ;l~k~d IO COnlnbulc more Ih;In ~ haw
~'forc for II,~
I~PIIATt~ ()N 'I'11t~ ('I,AM IIA¥ RE~T()Ii.~'FIO~ ANI) MANA(~EMENT PI,AN - T. R. BRO~VN
3.1t ]"cd [,~ro~sn r~:porlcd Ih:il ~hat he is going to report has bccn ;mlhor~zcd by
Arms Co~sofl~ng~nccrsandthe FDEP. ~shich ~sgood nc~s The Corps and Ibc FDEPare prepared lo
dltcu~ Ih;~t III ;I momCnl Thc second rclalcs lo our COllSllll;llll. Mr. Ta,'kney. finishing his mathematical
275')
PEI.ICAN llA~t' Af.'".'I.%OR 't' ¢'(.~.~.1.'..tl l-Flif~
DECE.*stBER I~'l. 1,~,17
cnlc:~l:~on.~ .and pro'~ ,hnl.. fhn:.¢ fo Ibc FDEP ~Vis.~ I ~ssll do Frid:~v is send ou: lo lhe FDEP. Ibc C~
~Jt [lrr,~st] cxpl,~ncd Ill;Il ;11 I]~e I;ISl 11II1': lsC II1¢I. IbC FDEP had s~gcsled Io t~s Ih:Il ~¢ collld
~1~ of IIIC S~ll bclxsccn lllC;lll ;~nd Ioxv high ~s;ltcr ;~nd Cil[lllnilJC Ihe g'cJone scp:lr:llOr. ~hich ~:ls a
~c~ Jlllgc ~n~fil l~ IJlC COrlllllli:~ll~ Iff JcrlllS ill' .~Oltl~ tcilJ Cosl S;l~lllgS As Ill;Il COlllltlllcd lO b~ c.xplorcd.
~,11(Jl~;IJk ;lll(J III ih. Il Illllll~'(Jl,lJ~ ~l~lllll). ~R ~lllllj)~l~d or or~,;llllCS ;lllij lilies Ih;il ill;1~ llOl
In ~}c ssas. Rc~l '[~dc Red TI~JC h,l~ t~cn ;i problctrl ;llong Iht Gulf I Jn~jtilrcd ;1~ to ~JlClhCr or not Ih;it
I~;l~ ;I ~i';IJ or IIl, l~t~t· c(lll:~[[i ,llliJ r~;lllkJ¥ IJl~ ;lll~llt,~ ~li,~, ilOl ;lJJ ih;Il cJC;l~ TJI~ Sll~SllOn '~;1~ ill;ldo io
~s~ll flol I1~ Jh~' g'~cJoII~' ~p, lr,ll~r ;ll~d Ih~ bulk J~f Ih~ In;~lCrl;ll ~s~ll I~ dc~s~l~d ~lx~ll Ih~ mc;in high
p~sh~'d oscr ~1 ;tlliJ ii I~lJJ ~;'111~11 ;llld ~c~cl;iJc iii j)rCll} ItlJlCJl IJl~ ~;1111,: colldlllOll II is ii1 prescnll) The
PELICAN BAY ADVISORy COMMIT'I"EE
DECE.MBER I.. 19'Ft
~and Thcrc 'adl bc sornc organics ~nlxcd inlo il. bl,I Ih¢ agcncics ;irc ssilling lo acccpl Ihal and arc nol
con=cmcd Ss~lh lh.~l All tn all. sst Ihmk Ihal is a Imgc plus and lhal is Ibc form ~hc rcviscd Plan ~ha~ you
Mr Tcd [3ro~n cotton,cd Ihal Mr. T;,ckney's figurcs has slo~xcd thc preccss, tlc has had somc
xcQ ~crmu~ comp,,Icr ~l,~chcs Ih;il h;l~C comprmmscd his ;Ibllilv Io gCl Ih;Il dollc 35 quickly as x~c would
hkc I l.fl~cd 1o l.m Fcs~crd;~} nnd Ihcrc is nolhing highcr on his scrccn limn lo ~cl Ih;H dorm. and lhcrc is
no S~;lX Io brm~ ;,mhod~ cl~c ~nlo Ih~ cqu;~lion Io nccclcr;~Ic lilt pr~css Wc )us~ haxc Io ~ail For him Io
Mr Brm~n conlmucd Ih:il Ibc agrccmcnl lhal he has xsilh Mr Bra~ ;md FDEP prcscnlly, is Ih;ii
x~c ~s~ll b;,szc;dl) gcl a No~cc of In,cra (NOI) Jcllcr ~shich xsill simply sax ~hat ~hcv arc x~nizing on Mr
T;~cknc)'s rein Whcn Ibc) g,;I Ih;il rcpo~ lhcv have lechnlcalls lhinv ()~) d:~xs Io rcx'scxs'
hns a~.rcd mc Ih:~l Ihcx x~ll ge much [;lslcr lh;m Ih;il ~[c ;dso undcrsl;inds Iht scnsc o~ ~Irgcng Ih;il
c~lql% ;l~Olllld isMIIil?, his JcH;'r o~comi~lclcnc~s I11 IC~lllS o~ Ihe ;~pphc;.,on Thc Healer;il go~crnnl~nl
thc Artn~ Corp~ ,ff [~/'~ltlCCrs IS I~;llllll~; Or) FDEP Thc) arc obllg;l~cd lo u;i,I on FD[~P ~;lusc FDEP
Iht ISillCr ql~;~l~l} ccrtl~lC;lllOrl ;IgCllC~ Ilml Ibc Corps relics upon ;,s ;1 prc-cond,:,or, oF i~smng thc,r
Thc~ ;irc prcp:~rcd m go fmx~;.d x~.h ~l,c~r No[icc o~ Inlet1[ lo I~tic You rn;,~ rcc;dl ~hcn I I;vI x~;is hcrc.
I md~ci~lcdlox(mlh.~l:ll Ih;il pol~tl L'S Fish;md WIIclhf~ Sc~lcc;lrld N;llmn;d M;trinc Fisheries h;ld
rcq,cSl lhc Armx Ct~rps o~ t{,g~nccrs, m clrcIinlSl;mcc xshcrc lilts Ihmk II ;~ppropr~alc.
dccts~on Io ~ss~sc :~ ~'rmll rcx~cx~cd :si Corps RcgulaloQ' in W;lshin[~lon. DC II ~s a righl lhat lhcx can
x~;nxc or a r~gh~ x~hich lhcx can prcsc~c ;md iff Ihcy prcsc~c. ~t d~s not mcan they xxill cxcrcisc
s~mply IllC;ins [llc~ ;IrC llOl ~lllmg lO ~;nXC Il and thcrcForc x~:,nl thc public record Io rcflcct IJlill IIIcx did
not ;Ipprovc ~h:~lcxcr ~1 ~s Ibc Corps ss noxs going Io ;nHhor~z~. I x~as m Jacksonville and mci X~ilh Mr
SJl~cr Io dl~Ctlsq Ih;Il ~llJl ]llfll .'[% I sll bcl~*rc 5ou Iod;~5. Iht J:i%Jl and Wildhfc Sen Icc will ItOl rcl:loxc
2761
PEI.ICAN BAY AI)VI~,(~P.Y (.'¢)MMI~I
r) f.'. C f-~.% lB f:. R !~)
4,0.1C) rtghl ,%,l,c, lu~l ,",l,mnc f:i'dl,..'rics hns not }ct Sl,]tcd ~h;ll Ibc} ~s~ll do Thc Co~s tins told mc thai
thcs h;lsC Iold thc F~sh ami WiIdl~fc Son,cc. Ih;ink ~oll for ~o,~r input. Illll t~C ;irc mo~iPg romard :ind
Ihc~ ~tHI Tht~ ~11 do IbC s;ime ~f Ihc N;~Imnal M;mnc F,shcrics pcrsi~ls in Ihe same ~ icx~ Thc Fish and
',VHdhfc's onl~ r,bjcclmn ~s lhc~r conlmmng inqislcncc Ih;Il thcv don'l x~:ml ;mx sca gr:~sscs remo~cd
;~cco,nplish Ihc objccl~xc of Iht ch:mncl ;md ~I ~s nol ~ssiblc Io do Ibc chilnncl and nol lakc oul somc
gr;~q~cs M~ Mnqc is IJhlt x~lulc Ihcrc Is ;I risk Lictor. ii illllSl ~ idclllificd 1o }oil Ih;il il is a dcminimous
rl~k ;md J cnn lzll ~our from m~ ox~;~ cx~'rlcncc. I can'l lhink of;in~ pcrmi; I h;n'c ex'ce bccn inxol~cd
Ih;il ~%l~ a~ I.ifl,c :lll(I ~OlllroxcrSl;ll ;1~ Ihls olic q,;H~fics for. Ih;il Fish ami Wildlife h;~s ;~erccd ~Sll]l Thc~
;ifc jtl~f flor ~ll.: r,f fhr~c ,It'.CIl~lC% [hll I~ TSI[[III~', fO [0(1[ Olll~ldC Of their O~fl ~CIIlI< ;Ifld f~ lo ~C¢ ,I [.If~Cf
p~cfure ~VhH: [ foci [ h.)~c Ih: r~%potls~blhl} lo IcJCllllfx Ih;il for NotJ. { Il:]Sc ;md do not sec
Mr T R flro~n sl;llcd Ih;il hc ~11 Ir;lllSllHI Io 3Ou and Ibc ;Igcllclcs x~h;ll I ~llcxc Io bc thc final
scrsion of Iht Pl.m Thc onh ,hffcrcncc bcfx~ccn ~h;~l ~ou h;~x'c ;Itld xsh;ll x~ll Dc Ir;lllqlBlltcd ;irc
13~gr;Iphfc:ll ;.rrnrs ~h~ch ;irc Horl.nlJbSf.lilllxc. phJq Ibc ch;Ingc clirnJn,ll~ng Ihis ofT-shore dispos;ll
Ibc Tacknes rcport ,]ml I ;Htr hopeful th;]l ~l ~,lI bcotH tills t~cck
Dr V;tricx ;tskcd ~f Iho',c ;.)lcul;]lmn~ roi;He Io IbC Ioxscr part of Iht
Mr 'Fed flro~n reiS,cd ~h.~l thc~ ecl;itc lo Ibc ~holc thing 11 ~s b;xn~c;lll~ gmng to dcmonslr,llc
IJs;~l b3 doral: Ibc IIHnt[s ~c ;ir~ ~[t~lng fo do th,it thc predictions ~c h;ixc m;~dc ~11 ~ork Mr
doxsflloildS Iht [lt.iCfAlll Ih. It ~'rC;llC~ IbC :Hodcl for lh;~ oJ[ of Iht [illCrll¢t l'fOlll Ibc UiiiscrMIs of Ut:ih
allcmplcd Io tenure:col Ih;H xsHh -;omc computer gums ;md they xscrc tmablc lo do thai itc now has thc
progr:ml on lus m:~ch~nc ;md Ibc d41;~ t~ ~t~ h [:~kcs hlHi ii.HI rotor d;Iss IO rlHI Iht program out and Ihcn
ssr~lC ;I ft;irr;~flXC lo Ihz cxfCnl Ih;il hc ilCClls Io t{c h;~s :~ problem ;md lilt bottom linc IS Ih;it x~c ;irc
thc tMql s~c c:iH do I0 ~Cl th;ti trd~)rm4ttoll ()ncc Ihcrc. Ihcx csscHlt:Hly nppro~c Ih;il ecl)on al ~lnch potnl
1762
BAY ..XDVIS~)RY CO.M.XlI'I'TEfi
rlECEMrIER ltl. 19,~7
Ihe FDEP ~11 v,,,,,¢ ,t,' m:,plctcnc** smmnar~ and from ~hcrc. t~{h Iht FDEP ;md Co~s can go ahead
~lh Ihc~r Nol~c¢, (,f Inlcnl ~o I,~u¢ 'Ibc FDEP Nol~cc ~s a fou[l~en (14) da~' ~i,dox~ afic[ ~luch
dcall~lh.md I1;.~ ~, m) ~*~ump:mn. lhcn [hc~rm~lsare m hand Assmnmgx~ccan gcllhc numbcr, 1o
Ihcm ;md no folim~ up mq:ur~,:$ er qucsIions or rcqucsls for somclhing clsc applicable nsmg oul of lhosc
num~r,. IlOI o111 (,(' .~r~slhmg cl~c x~ h~c gl~cn bc¢;lllsc [ ]la~c madc ~1 clcar Ih;ii linc only lhing ~c arc
gmng to ~ I,iJ} ~I~ ,Ib()ilf a~l,.'t Iomnrro~ arc Mr T;]ckncs', Imrnbcrs I flunk IJlc¥ ;irc on board ~ilh Ih;it
D~**~hll~l~ lh.~l ~muc 2(~rldlllCrlS c~uld ~ unposcd b~ c~lhcr thc Fcdcral or SI;lie go~crnmcnl ~ll rcqmrc
I~ IO h,l~c *orr~c ,'dd~lmn.iI d~.doguc Ihal ~s a COIldlllOfl Ih;il JIIM carl't ~ comphcd ~ith or Is I~COrlSlMCnl
~llh Ibc ~llll ~r IJllcrll o~ Iht Plan ;Is ;I ~holc and Illlll[ ~C ~cl Ihcm and I~k al IJlClll J C311~101
Ih,il for )ou '.I~ c~D'r~cncc h;~s ~n Ih;il Ihcrc ~s usu;~ll~ ~omclhmg, buI nolhm~ of an> ~rcal sUb~lanCc
nmi fr;lrl~l~ IIOlJllll~ Ih. II TTOIIIO I~C :I dc;il brc;Ikcr In Ibc ~rl~c Ih;il /Oil I~oIIJ(] ~;1~ IIII]CS~ Ih;il cofldlflOfl
Ic~cl I ti{1 flOl ~cc ih.~l .]~ ;~ ~Jc..~ do'.,,rl, bul sofiiclh~H~ I ~Cl, J(x)k ,il, dJ~csl ~llh Ibc rcm o~ I]lc COn~lllI;llll
IC;Illl ;lIl~J ,l~k II Ih,il is ~mlclhfrB,' Ih;il ~C;llJt Ill;lkc~ ~11~c ;l~ d I~ 11ol. ]io~ llollJd ~lc [c~ord ~l ;llld ~cI Oil
Iht phone ami l.llk ~illl Ihcm '~Nmi II Rcahsl~all>. from ;i Illlllrl~ pOllll o~ ~lC~, I~ [ kIlc~l roF
ihal Mr T;Icknc~ 's m;Ifcrlal ~m~ld r,zach Ihcm b~ Monda). I 'aould sa~ thai Ihcrc Is c~cOr pros~Cl For
~Otl ,IfC I~k~f~?..~I ~oHIClIIIIC Illl~, Ibc tirol of Iht xcar bcl'orc thc NOi's aclu.lll~ get scut out and filcd
Ih;Il coiiICM ~m arc prob:~bl) rcal~st~call~ looking al gelling ;1 ~rm~l ph>s~call> m hand somcl~mc
Fcbn~iln. 19'IX lhat is ilol III¢OllSlSlglll ttlI}l Ibc nc~ calendar thai ~as ~n ~our books as )ou prcscnll>
hate ~l Wc ;Irc ~n a ~lagc ~shcrc tl~csc Iilllg Stllldo~ts arc rcgulator~l> driven ;lIId C;III'I bo s~aivcd, bill
~m~rl;mt Ihlnt: I~ Io ~cl Ibc Nr)I'$ (IocurllClllCd and filed
2761
PELICAN BAY ADVISORY
DECEMBER 113, 1997
Mr. Wcrncr askcd il' Ihc firs{ 500 i'cci arc going {o ~ pul bchind Ibc d~Jnc linc. ~'hcrc is ~hc rcs[
or it going?
Mr. Bro~n rcpllcd !h.31 [hc bnlanc¢ is bcach q~salily sand wJlh some organic fincs mLxcd in. As
you ~ork )'o,r ~ay north il g¢15 th~HlZr qualiLv -1nd Iht rcs{ ofihal ~cls disposcd of righl irl{o Ibc ix:cnn,
Mr, You,~ asked ~ h.']t ~s ,3 finc?
Mr, Broun rcplicd lhat il is a mucky organic lypc of din. It ~'ill crc~tc Ibc appcarancc in
~nlcr or.inS black nnd "id)'. bul it s~i]l I~liim.31cly s¢111¢ oul. Whcn! wns l.']lking about pmiing Ibc
Orl~,lnlcs tn Iht G~If ~rorc Ih~ Rcd Tide iss~c nnd ! don'l know how rcnl il is. bl~{ frnnkl)' if lbo' ~n~ lo
clim~31¢ n 3,~) r~( Icnglh of pJ~, lira{ ~c~ncd hkc n plus 1o mc nnd I ~as nol dcba~ing nil of Ih.~L
Thcm ~ns n ~ml of ~ ~c~' from Dr. Sncdckcr nnd Ihilcsl;~d 11~31 Iho~ organics arc ]Skc p~ll~ng fcruli/cr
{he ~n and I]~' do ~ lot of ~ in thc Hghl a~nounls and Ibc ~h[ ]~ations rot cnhnncing fish and
plnnl pr~lJon. This is a nn~urally rccurring pr~uct ~hich is ~ rcsult of thc richncss or d]is systcm and
Jl ~i]] conlJnu~ Io pr~ucc ~h.~l kind of orphic m~icria] as thc ~'stcm sl~ys hc~llhy nnd ~cls hcaIlhJcr,
~r contra ;~tsl pulling Jl on I~ ~a¢h ~'~$ lha{ ~or 3 ~rJ~ or IJmc Ih3l ~ch ~oo]d ]~k vcO' bl~ck
and m,cky, It is okay Io ~), ~c l~xc a ~rmit {o do il. but ir~,c have ~op{c ~rcaming ~l us. ~c arc not
going Io ~in rucnds ~nd lnr ucncc ~oplc, Wc rai~d Ibc Jsstsc nnd ns thO' thou~h~ a~t~i ii Ihcy hou~hl
x~c ~crc pr~ably righl and should do somclhing cl~ ~ith it. Thc Iho~gh[ ~;]s Io i;~kc it o~ shore ~nd
it got fi~hcr rc~ ~o~cd ~Clcr b,~ng roar{rich ~nd rcsubmJllcd Ih;it ~¥ay. Ihc issuc of thc Rcd T~dc B'.~m
~(cnlial omc t~p. I ~ould net ~nnt )'ou to ~ in a ~silion ~o havc thc Rcd Tidc oulbrcak and
~mconc ~3y th~t Pclicnn Bay drop~d thc ball o'cn x~Jlh n ~nnil nnd IhO. nrc out lhcrc ~tmng organics
into thc ~can nnd th;~t con[nbt~tcs to this problcm. Wc now l~3vc a plncc to put it that tl~::y ~rc happy
~d[h, Wc should ~ happy ~itl~ Ihis ;~pplicalion ~c;msc in tcrms or getting npplcs to npplcs bids. thcrc
not a lot of m~'slcO' a~t~l how x~c nrc going to dca] ~ilh this s[~a~. Thc first g~)() {incur fccl of channcl
g~s hcrc and cvco Ihin~ c[~ gws inlo thc ~can and Ih~t's prcl~y ca~' ~o mana~c from ~ drcdging
27(,4
PELICAN BAY ADVISORY COMMITTEE
?ffCEMBER In.
Dr. VatkT slated thai ha is concenu:d lhat I~ Fop~c in Pclican Bay nrc happy ~'ith iL.
Mr. Orm~n r~licd ~hm be d~ not ihink Ihcre will ~ an)'~hing thai d~s not go n~a)' fairly
quickly n~ il cenninl) ~11 nol ~ enough 1o ~¥nR inlo Ih~ communily.
Mr. Crn~ghcnd slnled I~11 ~l ~I¢ Ih~ thin~ ~I~I do nol ~llle oul in n ~pnr~mr planl. Sand
ofall diffemnl si~ ~tnlus mil nnd ~lls Io Ifle ~llom nnd Ihe ~ncs ~sh oul. We have n I~nlily on
Long Island nmi ~, had Io tr;~p .~II o~t ~ncs in a re,noir. A~er II had ~llled oul and dried, lhe racc
c~r~ in I.ong hi;md ~rc pa)lng ,s ~m~lhin~ hkc .S~) o~ ~r Ion ~o g~l Iho~ fines Ihnl had S~lll~d
&Il ~lu~ il made grcnl s~,ff For lira hor~s Io ~n on.
Mr, gtm~n staled Ih~l he ~ishcd hc could ~ly Ihal al Ihe ]anuao' 6 nlccling ~c ~ou[d h~vc a
~H~ off,ils Io dismbule. ~zl I do no[ lhink l~l is f~lisfic, i lhink I can ~y Io you lhal ~e can make
n pf~nlalion Io Ibc rcsidcnl group Ihal ~-ill ~ Ihe Plnn Ihal ~ill ~ ~rmil[cd. Our ~ob is cs~n[iMly
done I do Ihink il is ~onh holing Ilml in res~n~ IO Ihe m~l rcccnl subnllllal. Ibc Con~n'nn~' has
~flllen n Iclrcr in sup~r~ of Ibc Plan Th~' rnl~d a n,m~r of issues ~hich ~c have addrcs~d Io Iht ~sl
of~sr abilily. ~l Ihc~' ha.e cl~a~iy encouraged ~l~c agencies ~o go ronsard ~i~h ~l~is ~mdcn~kin~.
Mt. Mudge asked if ~l~e cmirc ~k ~as going 1o ~ reissued?
nl ~hal )'ou nrc I~king n~. I ~;,~1 io scad out a nc~¥ ~I lhal ~q~s Ibis is [h~ Plan. The color pictures will
remain constant, b.I there ~lll ~ a few new figures and I ~ill only ~ subsl/iuling thc replacement
it is a nuisance, but the safest ~ay lo priced lo ~ sure that eveobody is looking at the fighl
thing.
Mr. HO}l asked if there ~as an.,,' Icnlalivc plans to start thc engineering'?
Mr. Bro~n replied that it was delermincd al thc last rattling that we would hold back on that
trigger until '.~e had lite IX:trails and I still think tl~at is good counsel, I Ihink th:el we can energize
process vcr)' effectively and quickly once ,,ye have it in hand and go forv, ard from there without and
2765
16C
PELICAN BAY ADVISORY COMMITTEE
D£CE:MB£R I0. 19')7
-- I ' lIF~l'll!iI
16G 1
ttepidnltOn. We are not goi,~ Io Iq,' to dredge an.,,' of Ibis b~for¢ Il, is mrfl¢ ~nson so yo. have a
ofli~ lO ~ I~11 ~ Ofl~ ~slcm. l sllll Ihink l~11 is Ibc ~a)' you should priced.
Dr. VailS' Slnl¢d I~11 le I~lS r~l co.cms a~l Ibc F~ss and ~'hclhcr il is ~oing Io su~'ivc one
~re sum~. Is i~re any ~ay ~e can ge~ ~o~k do~ on I~ pa~ and nol H~c rcsl of H~e channels.'?
Mt. Bro~n replied tk~l il has ~cn ~lid ~forc. I I~qvc almost no doubt il~az once Iht ~rmii is
J~l~ I~1 i~ I~tC iS n Iht¢~l of Ibis ~ss cl~ifl~ II~lt has ~cn ngrccd upon b)' ll~osc ~ ho ~'ould ob~n'c
ph)si~ll)' tn I~ field. Ih~l ~he), ~ill allm~ )ou Io ~o in Iherc nnd do ~nc~l~in~ nbonl il. You ~ill ~ and
~h~n)s ~.e ~n cons~tni~d ~. T, nle ~es~in~ ~n. I Ihink )'o, conld do iL Thc ~inl is
~o~Jld ~ Io ~/op M;U ! n~ )~ in nil likdih~ ~ould nol ~ve compldcd Iht cxcavnlion. Thc
di~ctdl)' ~'ilh Ihnl is Ibc dual mobdi/nl~on and ~ h~l Ihnl adds Io )our costs. My' scn~ is Ihnl Ibc County
has t}pi~ll)' fimdcd Ibc pn~s o~mng, b~zl ! also kno~ lhcrc is nothing in their cnrrcnl budget for [hat
e~n~ this
Mr. M.dgc staled Ihnt is paid for ~' Ilm Tourisl Tax.
Mt. Orm~n ~lnlcd Jna~ [hcrc is a cost sharing and Ibc Count)' picks np fl~c mobilization and ~ou
mn ns m~h ~s )ms cnn o.~ of)o.r gcncr;fl excavation badger. 1 nm confidcnl that il cnn ~ ~orkcd out.
Mr, Mtfdge St;lied Ih;Il ~lS~ ~ork COlnCS out of Ibc Trams Ta.% mon~ in thc p;lSt ;Itld ~tll in thc
ful~Jre,
Mt. O~o~n r~plied Ih:il he cnnnol s~ak Io Ih;U,
Mr. W~td agreed lieu lhe mono)' ~ould come from II~ Tourisl
Mr. Bro~n replied Ihal hc C~cls ~c ar~ gaining gronnd nnd nrc slill ~iflfin our ~m~b~clla.
Ms. Knll~' Whorlcy o~ Iht Con~n'an~' slalcd lhal for clarification on Ih~ Red Tide i~u~s. ~'hcn
you p,t nu/ficnl ont there. Ih:il d~s not C:lltSe thc Red Tide. What is d~s is they feed offof it and if)'otJ
~q~'e a bl~fll going on al ih:il lime and }ou throw lheg or~nics out there. }'oi~ ;Irc going lo have a fcnst
and a major bl~m. [ ~as ~l~e ~r~n ~ ho ac[trolly rai~d llml issue.
2766
Dr. YatlO' ~sLcd ~5out :1~ Tosq'n ll~ll Mecling to ~ held on ]an;m~ fi,
Mr. fltm, n s;;,~cd ;~ I~ is n~ going ;o do much more I~n imr~,cc ~hc off,ct s~3kcrs. Drs.
}lil]~l~ 3~ S~cr ~ ~!1 splil up lira dulJcs on [~ ~olo~' of Cl~m Bny - fiRc~n minulcs of slides,
Mr. T~E~' ~11 IMk ~ul his 3rc3 o~ cs~nisc of tidal p~sms and Ibc mcchnnics and how thc
impr~nlS ~ll lmlp ~kc l~t hnp~n ~llcr. Mr. L~'Js ~'ill lnlk ~,~ his historicM cffons Jn thc
tnlctJot libel cr~ks nnd ~ lhnl hns ~orkcd nnd ~hnl il ~ncnds for Ibc fmurc of Ibc ~'slcm.
~hich I~tll ~ ~cO bncC We ~fl o~ largcl~d il Io ~ arou~ one Io o~ and onc-half hours Jn length.
l~cll gO I~c~l~r ~s a gro,p Ibc nighl or morning ~forc Io I~' ~o li~hlcn il ,p. [{ ~ill ~ork ~sZ if s~c ~ct
~r Slllff~ in o~ ~r Io o~ Imur and ICh minutes. I~n ~s'c 3 qucslJon and ~nss~cr ~ssion. Wc will
We n ~ of shdcs and oll~r visual nids I~ 3~isl in I~ prc~nm~ion ~nd s~'i]l probably brin~ somc
~r~ I~11 ll~ cnn ~I on o~Is around Ibc r~m Ihal ~plc can mill a~ul Iht r~m ~nd l~k al
~fom a~ af~cn~ards.
Dr ~tlo. asked II~l Mr. ~ros~n give ~oplc a ~Jrly rcalislic glimp~ of ~hai is likely Io hap~n
~rom ,~t' On, L~I lhclTI knm~' how nllJCh noi~ thcrc is go nE Io ~. how much ~nch is going lo
dismplcd. ~]hll a[~.l Ibc fincs, clc,. so Ih;il ~oplc hnvc ~ go~ ,n~rs~andmg of ~ hal linc fumrc holds.
Mr, Yo~m~ Slnlcd Ih;il hc has a conccrn Ihnl lhcr~ Is ~p,,' t~ much packcd in{o Ibc onc hour and
I~cnl)' min.lcs Thcrc nrc cighl cons,llanls and Ihc cl~k is ~nnin~ for ali of Ihcsc ~oplc. Wc have
¢.s~n~ o~bfin~mg ~11 of Ih~ pcop[c in if lbo' nrc coming fl~c nighi ~fore. Thni is S20o,0o ~ hour for
ci~hl ~plc. I Ihink lhnl ~c do nol n~d all of IhC~ ~oplc, ~c ldo is grcal, bu{ svc don'l nccd Ihis
cnlire conlin~cno. Io prc~nl fl~is prog~m,
Dr, Vnrlo' sl~lcd Ihnl m;1)~ Ibis is his mismkc, bul f~ls Ibc comm,nily is pn)'ing Io h~vc Ibis
clone n~ I~s Ihe righl Io know wlmt il is we nrc doing. I ~v~Id likc ~o ~ us hnvc fl~c ~sl prc~nmfion
~ssible.
2767
D£C£MI~£R I,. I';'~?
16G
1
~,J'r. ¥o. ng sl.'llCd Ih.ql )oil Jlisl can'l do il in Ilmt shot1 a pcriod o~ lime.
Dr. Varl~. rcplicd I~1 I~' arc prc~rcd Io slay ~ long as lh~ nccd Io and ans~'cr q~csdons
until It~ L~I ~rson I~'cs.
~f. Bf~n $131cd Ilml I~re nrc a lol or.opic Ilml l~l&'c no( I~d thc "face limc" Ihal ]havc. You
~'C ~n ~'ing 3 lol of ~oplc lo do ~s'ork and ~ax'c donc n Iol of &s'ork for you 3nd so ss'c'rc n~ording
I~m I~ ~fl.nilF of ~)'ing s~l I~' h3~'c ~n doin8 ~ c~plnining
Mr Ymm~ ~cd ff ~t~ ~opIc ~ctc comin~ in ~ doln~ il grafts?
Dr. Varig' s~alcd Ihal 11~ meier ~ill ~ ~licir gelling hcrc. il is nol a qucsdon of ~hclhcr ~h~'
~,~' from (~7 or 5~,.
~tr ~hsdgc ~lnlcd Iht qlscslion is ~ hclhcr I1~' should corec or nol.
Mr. P~rcs sidled I1~1 I~ lends 1o nL:rcc ~ilh Dr. V~rl~', I1 is im~nnnl From Ibc sl~nd~inl of
commontlF Io Im~c nll oF Hto~ c~rls Ihcrc, Thc ~.~cl Ih~l il is l~nlcd hcrc. Ihc ~oplc nccd lo ~c ~l~c
Mr. Ori~lh ~skcd iflhis ~s a rc~ul~r commillcc ~in~?
Dr. %'nrlo rcpllcd Ih;Il ll~:~ IS an inForn~lmn.iI mccling ~or Ibc public Our rcgtll~lr mcclmg
~hcd,lcd for ~l~c nc~ d:~} Thc n~Cl~,~ is ~hcd,lcd for 4 I~)
~lr. Brm~a~ rcFhcd Ih;~l Iht ch;1]lcn~c of Ibc ~roup ~ill ~ lo ~ivc )'ou ~(l inrormnlion, nnd Icl
o'co'one ]mvc cno,~h microphonc limc Io rccl ]ikc il ~ns ~-onh lhcir cDon lo ~cl cncr~izcd n~ul il ~nd
pul Ihcir lhollghls IO~clhcr.
Mr. ~tl~d~c Smlcd Ilml ~cncrn]ly ~op]c ~cl lo Ihc in~lJng a In~nulc ormo ~rorc.
Mr. Bro~n sm~cd Ih;il ~c cnn lhcn ~;~vcl Ibc mcclin~ nl 4:15 PN1.
Mr. ~h~dgc sl4lcd Ih:~l ~c should stun thc rattling ;~l 4:o0 PN! so Ih:il Ihcy think IhO' cnn
~ck oul ~forc 6:1~) P~I,
Ir~LICAN' BAY ADVISORY COMMITTEE
DF. CE.MBER lO. 19,)7
<. Pir~ asl,¢d for a proccdurnl slandpoinl Ibis ~'as going Io ~ n pre,marion by Ibc consuhams
Dr. Varig' staled Ihal Jl is ~1 ~ CommJlleC M~lin~, bu~ ho~d wc ~,ould haw ~'cO~Y lhcrc.
Mr. Pir~ sm~cd d~l i~ mJ~hl ~ j Sunshinc is~ I~1; wc ~11 mish;
lalk ~t this ~ ith 1t~ 3udic~c.
Mr. Ward replied I~l IhJs ~ill nol ~ 3 pr~lcm ~c3u~ it is 3 ~blicly 3d&'cni~d mcctin~ and
think )~ ~ld ~ o[ny Io ~
DL Vn~I~ Slalcd Ihal I~ hns concerns a~zl ~nding oul lollers, bul al~ feels Ihal
I~11 ~ Con~lnnll~ do ~1 ~. ~hnl is going on~ I don't knm~ h~ ~o gel Io Ihal ~inl ~ilhout
Mt. Tom Oro~ n n~k~ n~ml using 11~ Communique..
Mr, P~rm n~kcd ffll~ mo~. ~as avnflablc in Ibc budgcl lo do a ~qiling?
Mr, Ward replied Ih~ mon~' has nol ~cn budgeted for mailings. Onc has nlrcady ~cn donc
and I1~' nrc nmmng n~ul ~5.~ ~'r mailing. I ~ou~d cncoumgc )ou Io do Ibc mailing and [ ~,*ill find
It~ mo~' in II,c budget 1o do Im ~ailing
Mr, Pop~r asked if il ~cfc ~onh pulling an ad in II~c n~spn~r?
Mr. llns~n slalcd ~e ar: s~nding a Iol of mon~' Im~. ~c should nnl
mo~' on a ~afling I ~hink il is ~y
Df, Vatl~' sl;llcd Ihal 1~ IL~¥~ combined ltm 1~o mc~lJn~ Oll one lc(Itt Io ~conomize.
una~[mouslj, t~ gt: a/te~td ~,~lh the mailing as prt~pose& to inform
II
CO,~I,~I[TT~: I1F. Q[I£STS
2769
mill I ,,l ........
PELICAN BAY ^DVISOR¥
DECER,,II3ER In. 19,)7
~,ff. Ward cxpl.~incd Ih.al ~VCI nnd G~slf Bay Dcvclop~n( have submittcd an application to thc
C~nl)' Io a~ I~ PUD Ord~c for Ibis communily. Es~nlial~)' ~hn[ it d~s is incrcasc Ibc hcigh[
from 2~ f~ Io 2~} f~ fo~ ~Id~n~ I~I can ~ cons~mclcd hcrc in Pelican B;D' on ccmin ~nions of
Ibis p~).. TI~ m~p s~s Ibc I~nlion ~hcrc ~ t~ighls would be incrcascd. ~c County has
i~i~l~ to I~ II~ql I1~)' nt¢ ~1 C~rtcnll) pf~cssing II~ npplicnlion ~hich mcnns Ih;l[ it iS on hold n: thc
Cmml~ ~ff ~'¢1 Wc do ~1 knm~~ ~h~ il is on I~ld. bill ~'c H~ink il is Ibc applicnnVs rcqncsz al this
Ninl. ~1 I~r~ i~ n ~ndsng npphc;~lion nl Ibc Co, iaiF nl Ibis limc, Al ~mc ~inl in Ibc fll~lsrc I Ihink
Commissions ns Io .~ hc~hcr or ~l )o~ foci lhJs ~ou[d ~ an nppropria~c chnngc in Ibc PUD Ordinancc
for I~ ~cls of pro,ny. If~ms ~ d~irc Io do lha[ [ ~ill pill or rccord ~vilh Ibc Coumy and ~'ilh
I~o npplicnnls Ilal ~c nrc rcq~sCslJng Ihn[ Ibis npplJcalJon ~ rm'ic~vcd by Ibc AdvJ~' CommJllcc nnd
~rd ~- lira Advi~' Commill~ prior ~o Ibc Public Hc~ring Ihal lnkcs placc ~ Ibc Board of Counr~*
Commiuio~'s I~.cl. Th;il is onc Ihing l~c~l is ~'c~* im~mnl [hal has corec abotil sJncc your Ins[
Commill~
~It. M,dgc asked ~ hich silcs Ih~'
Mr. Ward replied I1~ Ihctc nrc 1~o sires in Bay Colony. Onc si~s nc~i Io Ibc B;~y Colony Shores
single family Imams across from Villa La Pahna nnd an area ~mh o~ Villa La Palina in D~y Colon~'
Anolhcr sile Jsjusl noah of Ibc Clnridgc ~hcrc Ih¢ ~:1)' Colony Sales Trni~cr currcmly sils nnd Ibc orhcr
lhr~ ~rccls nrc no~h of SI. R:~ph:~cl nnd a parcel in Cro~ n Colony j~ss~ sou~h of I11c noah parking Iol.
Mr. ~ludgc si:i~cd ~lu~ hc Iho~rghl is ~ns an nddJlion;ll l~o R~rs.
Mr. Ward mlcd Ili.~l J[ ~s nn nddigional ~Fly foci ~.hich would cqtlalc I0 ~vc R~rs.
~lr. Wcmcr ~kcd lira rm~ning For ibc rcqucsr?
Mr. Ward replied lhnl hc has no idea. Dr. Varlcy had callcd mc Io say Ih:il hc hcnrd a~ul
nnd ~ve mllcd Ibc Com~y and ~o~md om Ih:Il Ihcrc ~vns nn npplicmion inlo thc Com~ly ~or an amcndmcm
lo lh¢ OrdJnn~c nnd ~c rcqt~c~lcd n cop)' of thai npplic:llion.
277~)
PELICAN BAY ADVISORY COMMII'F£E
DECEMBER I,. 1997
i6G
1
Mr. CraJshcad slafcd Iha! lm has heard a Io( ol' Ix'opE complaining and a loc of opposition to fhis
tcq~csl and doc~ hOC ,ndcrstand ~h)' ~c should bc rccommcnding a change Io Ibc prcscnl lando~ncrs for
Ihcff (WCI's and G,II' D;L~"s) p~nicular bcncfil.
Mr. Mudg¢ Sla~cd IILll lhcrc arc a fc'w organi,'4']tions gcldng together lo kill it.
Mr. Flallo asked if Mr. Ward ~tas askin~ ,'in opinion of lhc Committee or thc opportunity ~o
discuss Ibc prm nnd cons of an amcndmcm?
Mr. Wnnl replied fhal il is imporlnnl cno,gh dmf I ~;~nlcd )'ou Io ~ n~;~rc ofn PUD Ordin:mcc
~om~lllOn Io It~ ~ard or C~nl)' Commis.sioncrs.
Mr. M~gc asked i~t~c cmdd gel I~ ~rs t~l cra'er iL
Mr. Ward sidled Itml il is prclly simple nnd is an applicalion form dm~ indicates ~h~' arc
~ndin8 1~ ~D Ordinnncc, ~c Inngungc rends:
7,0~.0~ MRXIMUM li[ICIIT OF PRINCIPAL AND ACCESSSORY STRU~URES:
A. PHnclpal Ilniclurcs: T,o hundred (20~l) fecl above finished grade nE Ibc In/. e~ccpl in Ihn~e
a~ ~ fdcndficd on [~hlbi[ "M", Ihere shall he a maaimum hcigh[ of five (5) stories
one (I) fl~r o~ park:n~, and wtlh IbC ~W~p~lnn nr lhe s.ecific ~rrn,~ i(l~nttficd In
~M-I' hrrrln in ~hi~h lhrrr ~hall h~ Iwn hFndr~~ ~n~ fih~ (2~) r~ei mrn~ured rrm,,
finished ~rpdc nr In/. Prm'idc~ fhn~ ~h~r~ minlm,m finer el¢~'nlinn~ hnv~ been
~' la-. rrmdn~n~ anlhnrtllr~ nr p~rmlf r~qulr~mgnl% IbC h,lh!in~ hd~ht ~hnll
II is s~mply ~)~ng lit;il on Ih~¢ fi~'c SilOs, Ibc Ordin:tncc ~ould ~ amcndcd Io nllo~ Ibc consm~czion
bmldm~ ,p Io n hc~ghl nf ~51~'. c~nli;llly n~vC ~ h;ll np~nrs lo ~ finished fl~r clcvnlion.
Dr. VarIG n~kcd if dmi clmngcs d~c dcnsiz~?
Mr. Ward rcphcd Ih;il il d~s nol cElngc die dcnsizy. Thc dcnsity is ~z by Ordinnncc. WCI and
mosz o~ I1~ o~hcr d~wclo~rs nrc =civilly dm'doping al Ic~ I~n lhc PUD dcnsi~y nn}~ny. A~
IlOfi~ ~ Ihink )o, could make Ibc snp~sidon lhnl lhc c~isling dcnsily ~r ncrc }o, ~ould gcz "x" numar
o~ unil~ o~ ~ I~tcnly ncrc bnilding nnd nz i~'cnly-fivc statics ~ou nrc going m gcz "y' unizs ~r acrc nnd
IhcrcFom)~u dc~il) ~ould go up. buz il is slill ~Iow II~c PUD Ordinnncc for those si~cs.
2771
PELICAN BAY ^DVI$ORY CO~I,~IrFI'EE
1613
~Ir, II,~rr¢ll =~k~l il'Ibc I'~x mennl It~i il has ~cn indefinitely ~sf~ncd7
~fr, Ward r~licd I~11 ~ d~l ~ol ~no~t', Thc County ~s indic~icd
~lr. I!~I SlnlCd I1~i il sl~ncd off I1~1 Ihc sctllcmcni
I~1 o~ o~ IE ~ildin~ ~ns going Io commil ~rc land Io holding c~pncil)' rot ~hc ~v~lcr mn~gcmcnl
~'~. I ~'1 ~nmt ~,hich proarty il ~s. ~I th~. ~ctc I~rc~orc goin~
IE lil~, ~ tloq' ~ni Ih~l I~, ~mdd In~c Ihc trails rrom I~ Io~ ri~ nnd pul Ihcm on lop of ibc high
~rs~d I~ Allofn~) Io hold ,p nnd hc :~rccd Io ~l~l~drn~, Ibc Amcndmcnl nl Ih;il ~inl in lime, Tha~
is ~,lmn )mm gol I1~ flier Ih;fl ~1 h~d ~cn ~iihdra~n. lndcfinilcl~'. Thai
~ Io Ik3'C (311~hl on 3nd ,o~i' Ih~' ~m Io ~nnl Io ~o
~orks ~or afl.
Dr, VarIG. s~;t=cd I~1~1 thc q~cslion N~r, Ward is nskin¢ is should ~ ask Io rcvic~' Ibis and express
¢om~fll a~ esprcss o~r opinion.
~fr. ~(tldgc slated Ihal hc 3~rcci, TI~ ~oplc I~k Io tis ns n Com~,dllce. ~'cn Ihough il is nol our
c~lr~c on Ihls ~nics~l~lr
~lr. Wcrncr ~n~cd Ihal ~forc hc makes n recommendation hc ~q'oidd like Io hc:~r some renan
from WCi n~ Oulffl:~). ~s ~o ~hF Ihcy arc nskin~ for Ihis Amcndmcnl. I ~'ould like Io hcnr bo~h sides. I
~ulne I~ is ~oln~ Io ~ ;i Ircmcndo~is ot~l ~lif of nc&~lh'c ~nlmlc~ll n~ninsl il. bul ~forc i make a
r~ommcn~lion ! ~o~ld hkc Io ~no~' ~hy lh~' arc asking ~or
~lr. OtJ~lh si;lied II~;ll ~h;ll git. tio)l si;lied is ~c~' c[o~ Io il. I nm nol lhal f;lmili:lr ~'ith ih
bul I agr~ ~ilh hit. Wcrncr Ihal ~mc~y from WCI should sil do~n and c.xpl:dn cvc91hing Ih:~l is
goin$ on if ~'~ are goi~g lo ~o1~ oil
2772
PELICAN gAY RDVISORY COMMITr£E
DECEMBER In. 19,)?
Mr, Ward stlted lh.~l if)ou ~'anl Io m~'c ~om, ard ~th iL we ~vould ask ~hc ~[ican~ Io prepare
Dr. Vad~' s~mcd Ihnl ~ Iml ~(hc~s him ~ilh Ibis indcdniicncss Jl lh~l Jl could all o¢
pr~ a~ ~llhin a ~k p~cs~. Iht I~rJng done and il is gone and ~c ~nni n chance
Mr. Ward ~nfcd II~[ if)ou ~anl to do I~{ ~c go o~ rccord ~ith ~hc Coumy Io make us a pn~ of
I~ pr~ a~ once il gc~s s~a~cd again, if il ~'cr d~s. al Ibc approp~lc lime ii comes back ~o you.
blt. Orlffflh s~n~ed Ihnl if il ts on hold al Ibc Coumy. ~'ouldn'l )'ou ~'nnl Io gel WCI in here
Mt, Ward replied d ~my ~ere going lo m~'e on iL bul Ibis npplicnlion lm~ been pa( on hold
We'll ~ Jl on ~e~d ~1~ ~lm Cmmcy and ~e will 'C~ Ihe npplicnms. I ~hink Jl is mor~ imponnnl ~o
o~rd ~ilh lie C~m~y m ~is
Mt, PJrc$ slalcd IIL~I his ]a~q' firm rcprc~nls Gulf Bay, hOC on lhJ$ issue Jlscl~. bu{ ~causc of
~' I~ Slalule rods 1 fccl I nm going Io abslain from voting on any issuc wilh rcgard to Gulf Bay.
Mt, H:r~m~n~n s~a~cd ~lml hc ~ou]d ~vc Io abslnin from vo[Jng also.
Mr. Yo, ng s~;~cd Ihal hc ~ould havc Io abstain also. There has bccn nm~ors Ilmt ir [hc
Fm~lion ~. ~ dc;d lo gci ibc ~tm ~ck. thO' ~'otdd sup~ d~is iss.c. Thcrc has bccn no
~, I ~r~m~lb' mndc n dc;~ II~, I ~ould s~ay o,t orAubro, Fcrrao's nff;~Jrs, so I ~ill Imvc ~o abstain.
Mr. Popov Slalcd Ilml hc ~ns ~ pa~y Io I~l paflJcular agree ncnt and lhcrcrorc would have ~o
n~lnin rrmn ~'ming
Mr. Otiff~ll~ slalcd i/mt hc ~o.]d have 1o abstain from voling as hc is nn cmployce of WCI
Communifi~.
[Mrs. Obh9. moved, seconded b). Mr. Mudge and .pproved on a vote
of 10/0 t/tut/ftltJ$ becomes an issue, me be included in the process
.~th u c/~unce to voice our opinion before urinal dec'ision L~ made to
ulh,., this PUl) tlmendment. Those abstalnln~.[ from a vote are:
Messr.t (;tify~t/to //ernttttrson, tq'res. Popper and )oung.
2773
PELICAN BAY ADVISORY
DECEMBER I1~.
Mt, Wcmer requcslcd Ihat IbC ilem concerning Ibis PUD Amendmcnl be schcd.ied as s~n
Mr. Ward s~a~cd ~g ~1~ only r~n hc ~d suggcs~cd waiting until i~ ~omcs activc again is
m~i~ ~hilc ir is in ~his in~dvc siagc ~h~- m~ cMngc ~he application itself ~forc it is
~h~l~ a~ I ~an~cd )ou ~o Im~*c fl;c abilizy ~o ~'e ~ fi~lizcd appli~don ~orc )'ou. II might sit
for lh~ Io slx momhs i, i~ up to )ou. if)-ou ~anl il right a~'a~ ~vc ~'ill request it.
Dr. Varig. asked fl~c cknnccs of u~ gelling I~1 in Ibc shu~e. As he undcrslands
~fr. Ward linked Ih;il t~c t~m~ld p.I n licU:t in 11~ ~le Io call IO Ibc Count)' once n ~'cck nnd find
ML W~r~r ~lalCd I1~]1 he ~ould ~cl mor~ com~onablc i~ ~ould schedule il, ! undcrsland M~.
Dr, Varig' asked i~our Commissioner ~d an)filing Io ~]y aboul Ihcsc issues'?
Mr. Ward replied llLql a PUD Ordinance is a yore o~ ibc goard o~ Counly Commissioners
~'l~t or ~ il is apprm'cd nnd is a suer ~qjoEJly rcquircmcnl in lhJs Coullly.
REPAVI~O
Mr. Ward rc~cd ~1~1 S)slcms I and I1 ~ill ~ rcpavcd Ibis ~v:ck. frolll Ibc
Common. ~c cxol~c rcmo~al~ and re/lanling ha~'~ ~cn complclcd. Wc arc still gelling moans and
grins n~l, ~1 such ~s Ii~c ;Il IJ~JS [~in~. We arcjusl going Io I~vc Io sil and sec
We *~Jll nl~ ~ fim,hing Iht repaying o~ Ihc Oakmonl lake bank ~Jlhin ~hc next I~o ~ecks.
ll~ully during Jnnua~ and Fcbmn~* I ~;ill h:l~c a couple o~ rccommcndalions ~or )*ou on Ibc Oakmonz
lighling ~or)'~ !o ~nkc n I~k a~ ~nd some nun~rs ~o go along ~hh rhnL
EXOT~
Dr. VailS. sln~cd llcqt ~c have h~d a rcqucsl from Ibc Cbrid~c ~o do somcflfing ~'ill~ fl~c cxolJcs
a~ grmung on Ibc pro,n)' ~hcrc Iht ~cs o~cc is l~nlcd. Mr. Ward Iold
2774
PELICAN BAY ADVISORY CO.M~IITTEF,
DECF-JdBER lo, 1'~7
properly belon~ lo ~,VC! .~nd hi~ di~,s~ions hnvc ~cn thnr Ihcy arc not going to do ~nyH~ing umil they
blt. Wntd s~ntcd ihai hns ~cn his prclimi~q~, di~ssions ~H~ WCL S.bscqucn~
di~i~ Mt, LuLu~ indi~lcd Io ~ lhat lh~- I~vc asked ~or a p~cc lo do Ibc clcnring in that
Df. V;I/{O' ~lnlcd IILll his fcql~sl from ~it. ilamJllon ~'as leal if WCi d~s not do
Of I~ ~'el~r I~n lm g~s in Io d~'elop Ihe she. gecnu~ of nil of Ihe problems :Ye have had
S)~:~ I u~ l{ ~tlll, Ihis cl~ir~ng issue. I I~ou{d jusl like Io {~ve II~ul nrea go and lei il hap~n as 3 result
of I~ ~'cl~nwni Il,hi g~s on II~ai SilO. TI,al ~s a Cot{nly OrdJnnncc and ~'ilI be a rcquircmcn:
dc~'clo~r nn)~n) Th;. is j.si m~nding mono. a {{lllc nhcnd of ~hcdulc,
Wit. ]t~l r~ommcndcd libel ~': invcsligale a why for Mr. gro~n Io ~ nbic Io join in Ihcsc
Mr. Ward rcplicd Ihnl if II crc is phonc ~n'icc in Ihis room )'ou cnn ccn;HHly pul somconc
s~nkcr. We ~,11 chcck ,o ~c ~r ~l,crc ,s pho,,c ~'icc in {his r~m.
~{r. ]lo)l sl;~lcd {I }{ ;1 moncy
ADJOUR~IEWT
~m ~ing no funhcr busincss. I~ m~ling ndjoumcd al 4:50
16G
Dr. AI;m Vi, rio.. Ch.~ir~n:~n
FORM 8B MEMORANDUM OF VOTING LICT FOR
COU, NTY ,,,,MUNiCIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME OF POUTICAL $UI01¥1510~
MY PO~rTION ~
[\
WHO MUST FILE FORM 8B
This form Is for use by any p~rson ser~inl al Ibc county, city, or other local k-vel of government on an appointed or eI~zcd board.
council, ¢ommissio~, aufl',ortty, or committee, h applies equally to members of advisory and non-advisory bodies who ~re presented
with i ~:~linl coflJllG of intcr~c under Section 112.314,1, Florida Statutes.
Your rcsporu|bllhks under thc law when faced with a mc·lure in which you have a conflict of in,crc, will va~ ~rcady dcpcndin~
on wh~h~ ~ ~ld an ei~ivc or appointive ~iflon. For :his re.on, plebe pay close at~cmion ~o ~he insertions on ~his ~orm
~fore compl~inl Ihe ~nc side ~ fiHnl Ihe form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holdin~ mle:g~ ot appointi~ cotmly, municipal, or other local pubSc of£a:e MUST ABSTAIN I'rom voting on a mt·au,'-:
wfikh inures to Ids special priva~ ~aln. Eu:h elected or appoin~-d local officer also is prohiblttd from knowlngly voting on a measure
which |nu~s lo f~e special pin of a prS~pal (other than a gov~t a~nc7) by whom he is rt~ined (including thc parent
orKanizagon or mbstdtarT.~ a corpora~ principal by whkh he b r~talned); co the special private ~in of s rtl·dye; or co the special
private pin of s beg~ tuociale. Comng~ioncn of communlcy n:dewlopmm[ a~nc~ under S~¢. 16.t.3~6 or 16.t.3:~7. F.S., and
otT~:t~$ of ind~p~:k~ special taz districu elected on a one-acre, one-vote basis are not prohlbiced from voting in that capacity.
For purpo~s of lids law, · 'aladw' includes only the ofllctr's father, mother, son. daulh~er, husband, wife, fach~-in-Law, mother-in-
law, ~on-ln4aw0 sad daulh~r-in-law. A "business auociacc" rn~ans any pc.on or entity cnpgcd in or carrying on a business
enterprise sgth the ofl'~er u a panner, joint venturer, coownet of property, or corporate shareholder (where the shares of the
corpoadon are not r~ttd on any national or regional stuck exchange).
ELECTE~ OFFICERS:
In ~difion to abstairgnl from voting in ~h~ ~ituatiora d.crib~d ·bow, you must di.~:los~ the conllicl:
'PRIOR TO THE VOTE BEING TAKEN by publicly ltaclng to the ~u~mbly the nacur~ of your inter, st in thc mc·sure on
which you ate absmi~in~ from vodnl:; aha'
WITHIN 15 DAYS AFTER THE VOTE OCCURS by compb:ting and filing this form wltii thc penon responsible for
~cordlnI the minul~s of the rn~finf, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in thc situations dc~ribed above, you othcrwi~ may participate in thcs~ matters. However,
you must dls~lose ~ nature of thc conflicl ~t'ort making any at~mpt to intlucncc thc decision, wh~thcr orally or in writing and
whether made by you or al your direction.
IF YOU INTE~D TO MAKE ANY ATTEI~IPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BETAKEN:
· You must compk~ and file this form (before making any at~mpt to inIluencc the d~ision) with the person r~ponsible for
r~ordinI cbc mtmm~ of the rncedn& ~ho ~5 |ncorporale the form in the minus·.
· A copy of the for~ mira be provided immediaudy to the other n~-mb~rs of the agency.
· The form must I~ ttad publicly at the next meeting afire the form is ~lr.d. '"..~ -) 'Y~"7 -- I
CE FORM 18 . 10.91
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING;
· You musl complete'the form and fil~ il with[n i$ days al'ret the vote occurs with thc person responsible for recording :he minu::s
the mettlnSo who must incorporate the form in the minu~es. A copy or the form must be provided immediately to the oth.
members of the a~ency, and the form must be read publicly at the next meeting after the form is fi[ed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
- .. /o- ¥'7
(a) A ~sure ~me or ~ come ~{or~ my asen~ whkh (ch~ck one)
inu~d to my s~l pH~tc ~in;
. ~ i~ured to t~ s~ ~in of my busings ass~te, inured to t~ I~l ~in of my rc~ti'~, .
inu~d Io t~ I~l ~in of
whom 1 ~m ~I~; or
~ the patent ot~m~on or subsld~ of a p~ncipal which ~s gmi~d me.
(b) ~e ~:.':~ before my a~ aM the ~ture of my conflicting imegst in ~he measure is as follows:
, ......
. wh~
Date Flied ~ Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991). A FAILURE TO MAKE ANY REQUIRE
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORk ~ol'" THE FOLLOWIN¢
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$.000.
~;!, _._. ~ -~ .~/~-__
CE FOR ~! S B - 10,41 ~:,., ~,~.:~..:~ :,, ? ~.
FORM"8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
NAME._OF POLfT1CAL SUBDIVISION:
MY PO~iT~ON t~ { ~
C3 EreCT[YE
WHO MUST FILE FORM 8B
This form [~ for w by any person serving ar the county, city, or other local level or government on an appointed or elected board,
coundi, commlssknt, lutho~ly, or committee, h applies equally to members of advisory and non-advisory booties who azc prescn:e:
wilh a voflnl COftflkt of interest under Seclion !12.2143, Florida Statutes.
Your responsibilities undo the law when faced with a measure in which you have a conflict of interest will vary greatly dc~endir.'.,
on whether 70. bold an d~-dve or appointive position. For this reason, please pay close at[cation to the instructions on [his for.':
hefore completing Ihe reverie side and filin$ Iht form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A i:~rson holdln[ elecdv~ or appointh~ county, munklpal, or mher local public office MUST ABSTAIN from voting on a mcasur
which bll~re~ lo hill ~ privat~ gain. ~lch ekaed or appointed local officer also is prohibited from knowingly voting on a mcasut
whkh. tm?~ Ia Ib~ ..s~eclal gain of a principal (other t .l~.an a go,,~mmcnt a~ncy) by whom hc is retained (including thc parer
orlamzatme or ~lnidmrj, oe/a corporate principal by which he is retained):, to the spechl pdvue ~ain of a relative: or to thc
inivale I~le of · ~ associate. Commissioners of community t~lm'elopment a~neics under S~c. 163..156 or 163.3:57. F.S., an
off'gm of independe~ special tax dlstrlcu elected on t, or~-acre, one.vote Imsis are not prohibited from voting in that cape city.
For purposes oflh~ law, a 'rehtive' inclu&s only the o~cer's father, mother, son, daughter, husband, wife, father-ln-law, mother.ir
law. son-in-law, and daughter-in-taw. A 'business auoclate" means any person or enlity engaged in or carrying on a busint~
cn~rpri~ with Ihe olT~cet u a panner, joint v~nturtr, coowncr of property, or corporate shareholder (where thc sbarcs of
corporation are no~ l~led on any national or regional stock cxcbanle).
[L£~ OFFICe. RS:
In addition ~o Ilmalninl from votinl in Ihe situatiora described abow. you must disclose thc corfflict:
'PRIOR TO THE VOTE BEING TAKEN by publicly statlnl to the assembly thc nature of your in~crest in the measure
which yO~ Im abstaining from voting:, and
WITHIN I] DAYS AFTER THE VOTE OCCURS by completing and filin~ this form with thc person rcsponslblc fc
mrotdin] thc minors of thc meeting, who should incorpocatc the form in thc minutes.
APPOI~
Although you m~ abstain from voting in th~ situations described above, you otherwise may participate in these matters. Howcvc
you must dLKlo~ th~ natur~ of thc conflict bcfor~ making any atu:mpt to im'iucnc~ thc decision, whether ocally or in writing an
wh~ho' mad~ b~ ~ or at your direction.
IF YOU I~DTO ~AKE ANY ATI'EMPT TO INFLUENC~ THE DECISION PRIOR TO THE MEETING AT WHIC',
'tHE VOTE WLL
· You m,.st ¢ompk~ lnd fil~ this form (before maktnl any attemp~ to influence thc dccislon) with the person rcspomiblc
recommlg the minutes of tt.~ meeting, who will incorporatc thc form in the :rJnutts.
,, A copy of the fon~ must be provided imrncdiatcly to thc other mcmbcrs of the agcncy.
· The form mu~t be read publicly at tl~ ncxt mccting after thc form is filed. - ? 7 7,~'?' '--'
~[ FORM I~ ·
IF YOU MAKE NO A3=rEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEFT,ING.
· You must d~ClOl, e orally Ibc nalure of your conflict in Ibc measure before participating..~lj j
· You must compkt¢ Ibc form and file it '~,i~hin 15 days after thc vote occurs v4th thc person responsible for recording :he ,,mir. u:.-;
thc mctfing, who must incorpo~t¢ thc form in thc minutes. A copy of thc form must bc provided immediately to the otb
members of the agency, and thc form must bc r~ad publicly at thc next meeting after Thc form is filed.
,~/f.~.~Z.//~,' DISCLOSURE OF LOCAL OFFICER'S INTEREST
(a) A ~surc rome or ~I! come bc~orc my agtncy which (check
inu~d to ~ s~l pd~3cc gnin:
inured to i~ s~l pin of my busi~ss 3ss~inlc.
inured ~o I~ s~l ~in o{ ~"' ~'~
,
is thc ~rcnl or~niudon or subsid~ry oF a p~ncipal which ~s ~incd mc.
(b) Thc ~u~ ~fo~ my nSc~y a~ ~hc ~urc of my con~tin8 in~c~s~ in thc measure is as follows:
/
Date Filed
~igna~
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 fl991), A FAILURE TO MAKE ANY REQUIRE
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW1.NI
iMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTIO.~ '.
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $.~.000.
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFIOER
L,AS, T ~AMI~-- Fl11,.~1' NAMI--MIOOL~ ,~A~[ NAME OF ~OARI~, COUHCIL. CO~IMIS. SIOr¢. AUTHORITYj OR CO.~ MI~Z
NAME OF POLITICAL
ELECT'lYE YE
WHO MUST FILE FORM 8B
This form is l'ot use by an;/person servini at thc county, city, or other local level of ,1overnmcnt on :~n appointed or cleo:cd bc~.r
council, commission, authority, or committee. It applies equally to members of adviso~ and non-advisory bodies who a~c prcs~.-.:.,
wiHt a vodn$ conflict of in[crest under Section 112.3143, Florida Statutes.
Your responsibilities under Ibc law when faced with a measure in which you have ', conflict of interest will vary ire=ply dc~. ......
on whether you hold an cite:ire or appointive position. For this re.on, pie:ut pay close attention to thc instr'uc:ions on this:c..' -
b~forc complcHnl thc rc',~r~e side and filin~ :he Form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holdln& elemi~ or appolnti~ county, mu~cipai, or other local public or, cc ~UST ABSTAIN from votLng on a mc=.su
~hich inures to hi~ special private pin. F. zch elected or appointed local ol'fic:r also is prohibited from knowingly voting on a
wh~h inures to the slxC~l ~in of a principal (other than a ~o'~rnmc'nt agency) by whom he i.s retained (inctudin~ the ~':
nrlaniz~tion or subsid[ar/.~ a corporate principal by which he i.s retained); to the special private ~ain of a r~Lative: or to the sp
pri~e lain ot' a businc,,.,i a.ssocialc. Comrrdssioncrs of community r'edev~lopmcnt agent.s under Sec. 163.356 or 16.].~S7. P.S..
ol'fic~rs of imJcpctxJcnt SlXC~l cox dL~tncu ctcctcd on a one-acre, one-vote basis arc not prohibited from votin& in d~at rapacity.
For purpo~cs of Ibis law, a 'rt~Hve' incl,.~cs only thc o~cer's father, mother, son. daughter, husband, wi£c, J'atncr-in-law, moth~;.i
I,tw, Iondn-law, and daughter.in-Law A "ou~inc~s auoc~tc' mc.aris any person or entity engaged in or c:arr~ng on a busir.:
enterprise with Ihe oITic~r u :, panner, joint v~nturer, coowncr of property, or corporate shareholder (whc~ thc shares o~'
coroora~ion am not IL'ted on any national or regional stock exchange).
IU~ OFCCP. RS:
In a~[clitlon to abstaining l'rom votini in thc sit,~,tion, s described above, you mu~t disclose thc cor'.qic~:
PRIOR TO T'HE VOTE BEI,%'G TAKEN by publicly stntinl to thc ~scmbly thc nature of your interest in the mmsur-::
which you am abs[ainirg from votinl~
'WITHIN I$ DAYS AFTI[R THE VOTE OCCURS by completing and Filing this form ~ith the person rcsponsib[: :'
rtcordin8 thc minutes of ~hc mce~ng, '*ho should incorporate the form in thc minutc~.
A PI'OI~ OFFIC[:RS:
Althou~,h you taus[ abstain from votin8 in thc situations described above, you otherwise may panic~patc in these mattcr,s.
you must disclos~ the nature o~' the conP, ic[ before makin8 any attempt to iru'lucncc thc dcc~sion, whether orally or in writing
whether rna~e by you or at your direction.
IF YOU INTEND TO MAI(£ ANY ATTE,X4pT TO INFLUEHC~ THE D£C1SIO,N PRIOR TO THE .x4£ETING AT WHtC
THE VOTE WLL BE T^KE2~:
· You must compete and file thLs form (before making any attempt to ird~iuence thc decision) with thc person responsible
rtcordinI Ihe minutes o~ tl~. meeting, who ,vi:; incorporate the l'orm in thc minutes.
A copy of the form mu~t bc pro,4ded immedL'~ttly to the other members of thc .~ gcncy.
iT'he ~'orrn mu~t be read pub[~ciy at thg next meeting after the form ts ~L,.d.
~'OU MAK£ HO AT'tEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
You must di~clos~ or-ally the nature of your conflict in the m~asure before participating.
You must comple~ the form and fil~ it within I.S days a£ter the vote occurs with the person responssbl¢ I'or rccordin~ :h~ ,,~i~.='
the m~tin~, who must incorporate the f'orm in the minutes. A copy ot' the I'orrn must 1~¢ provided imln¢,di~iy To,
members of the a~nc~/, and the form mu'.,t be r~ad publicly at the next rn~in~ at'ter ~h¢ form is i'iled. ~ ~ b J.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
(a) A rr~sur~ rome or will corec b~forc my agency which (ch~:k one)
inured to ~ s~l pdva~ ~in;
inu~d to {~ s~l pin of my busi~ss ass~iatc.
.... i~ to t~ s~] ~n of my ~i~,
whom l am ~d: or
~ ihe par~i or~n~ion or subdd~ or ~ p~ip~i which ~ ~[n~d
(b) ~ ~u~ ~o~ my a~nc7 and lh~ n~lur~ or my conflicting ~nl~st ~n ~hc m~su~ ~s ~s ~ollows:
Date Filed
NOTICE: UNDER PP.O'VlSIONS OF [~_ORIDA STATUTE£ §112.]17 (1991), ^ FAILURE TO MAKE ANY REQUI
DISCLOSURE CONSTITUTES GROU,N'DS FOR AND MAY BE PUNISHED BY ONE OR ,~4ORE OF THE FOL. LO%~.
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR E~IPLOYMENT, DE.MOTION. REDUCTIO
.qALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED
-.::,::/-
F 8B
MEMORANDUM OF VOTING CONFLICT FOR
, COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
:~MI'- lrlJLe~l' ,qAMI--MIODI.(
C 1 l'~r~u,,/ CO~J~TY
DArE C~ WHICH VOT~ OC'C~JRRED
~AJ~[ OF PARD. COUNCIL COMMISSION. AuTHORIT'f,
HAME O~.~LITICAL BUBOIVI.~IOH:
O ELECTIVE
WHO MUST FILE FOI~M 88
This form is for us~ ~ an7 person tcr',ing at the county, city. or other local level of government on an appointed or cite:cd boars.
council, commission, authority, or committee, h applies equally ID members of advisory and non-advisor7 bodies who ale prcs,nt.-d
with a volgaI conflict of interest under Section 112.314]. Florida Statutes.
Your responsibilities under thc law when faced with ,: measure in which you have .~ conflict of interest will vary greatly dc7;nc:in~
on whether you hold an cL-ctivc or appoinu~e ~osidon. For this rca.son, pica.sc p.,y ciosc attention to thc instructions on this form
before complednl Iht re-,,~rsc side and filing thc form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person homing elemiv~ or appointi'~c c~,Jnty, municipal, or other local public office MUST ABSTAIN from vodng cna measur
which inures to his qx-c',a~ pri~te gain. Eax:h ceded or appointed local officer also is prohibited from knowin$1y voting on a mea. sur
which inurza to tM specL'~J lain of a principal (other th.an a government aD:nc'y) by whom hc is retained (including thc pare.".
orla~ization or subskl~Bry.o( a corporate principal by '~,hlch he is retained); to thc special private gain of a r~iativc: or to the specia
private lain of a busincsa :,sociate. Commissioners of community redevelopment agencies under Sec. 163.336 or 163.337, F.S.,
off'pc:rs o1' independent special tax distr',ct4 elected on a cnc-acr~, one-vote basis arc not prohibited from voting in that capaci y.
For purpo~cJ of this law, a 'relative' includes only thc ofl'~ccr's father, mother, son. daughter, husband, wife, father-in-law, mother-in
law, son-la.law, and dau~hte--in.law. A 'business atsociate' ~ans any person or entity engaged in or ~rrying on a busines
cn~erpris~ wilh Ih~ ofl'~:r as a panner, joint venturer, coowncr of property, or corporate sharcholdcr (where thc shares of
corporation am not listed on Jny r~tional or r~Donal stool exchange).
ELEC'f'E~ OFFICERS:
h: addition to abstaining from voting in the titu.atioru dcscribcd above, you must disclose thc comqict:
'PRIOR TO THE VOTE BEING TAKEN by publicly stating to thc assembly thc nature of your interest in thc measur~ or
which you &r~ al~,,aining from votinl~ and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with thc person responsible
recording the minutes o[ thc meeting, who should incorporate the form in the minutes.
APPOI~ OFlrlCERS:
Ahhough you must abstain from voting in the situations described above, you otherwise may participate in these mattcr~. However
you must di$¢1o~ thc Ixaturc of thc conflict before making any attempt to ird'lucnce thc decision, whether orally or in writing
whether made by you or at your diccction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHIC?
THE VOTE WLL BETAKEN:
· You must compete and file this form (before making any attempt to influcncc thc decision) with thc person rcspo~iblc £o
rccordih& ,6e minutes or' thc meeting, who will incorporate thc form in thc m;.:'..:.::~.
· A copy of the form must be provided immediately to thc other members of th; ag,=ncy.
· Thc form must bc rrad puhhcly at the next reciting after thc form is filed. . o ,.? .) )~ .:,~
Ct FORM
IF YOU MAKE NO ATTEMPT TO INFLUENCE TttE DECISION EXCEPT BY DISCUSSION AT THE MFFTING:
· You must disclose orally thc nature of ?'our conflict in thc m~nsurc before participating.T ~)' '~ 1
· You must complete thc form nnd file iz within 15 days Mtcr thc vote occurs v4th thc person rcsponsibZc for recording thc minu:cs c
thc reciting, who must incorporate thc form in thc minutes. A copy of thc form must bc provided immediately to thc othc
members of the ~,gency, and thc form must bc rtad publicly az thc next mccting a£tcr thc form is flied.
/... DISCLOSURE OF LOCAL OFFICER'S INTEREST
I. ~?~' *~'~ * ~/~'x_/'~. . hereby dLsclos: that on /~_./[0 . 19.~ ~.
(:,) A mcasurc came or will come
~ inured to my special private
inured to thc spcdal g~in of
... inured to tl~ six'dnl ~in of
,., inured to the spcd31 &ain of
whom I am rtrHncd: or
· : pccial gain o£
before my aBcncy which (check one)
gain;
my business associate,
my relative,
,: mc Farcm organization or subsidL~ry of ~ principal which has rtmincd mc.
(b~ "'h..~ .-. ....... ~"fort my a~ency and thc aa;utc of my conflictin~ inter~st in thc measure is as fallows:
· whit.
Date Filed /
Signature
NOTICrt UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991). A FAILURE TO SLAKE ANY REQUIRE
DISCLOSURE CONSTI'I"UTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR .",tORE OF THE FOLLOWIN
IMPEACHMENT, REMOVAL OR SUSPE.NSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION
SALARY, REPRIMAND. OR A CIVIL PENAL'I-Y NOT TO EXCEED $5,000.
CE FORM SB - i0-9!
RANDUM
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LA. ST
COUNTY
HAME OF BOAR O, COUHC]L.. COM MISS,IOH. AUTHORITY. C}P.,~OM M ITT[ -*
THE BOARD. COUNC1L COMMISSION. AUTHORITY OR COMMITTEE CN
WHIC'~H I S[~.VE ~,-[rNIT OF:
O CTTY ~ COUNTY O OTHER LOCAL ^GEIqCY
HAME OF POUTICAL SUBDIVISIOH:
X 0 ELECTIV I,',rTTV E
WHO MUST FILE FORM 8B
This form is for use by any person sewing at the county, city, or other local lc'vet of government on a.n appointed or elected
council, commi~Jon, authority, or committee. Jt applies equally to member~ of advisory and non-advisor'/bodie~ who are
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your rcsponsibilifle~ under the law when faced with a measure in which you have a conflict of interest will vary greatly deFe.".div.
on whether you hold an elective or appointive position. For this re,on, plea.se pay close attention to the instructions on this fo.":'.
before completing the r=',t'ne side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A penon holding elective or appointive county, municipal, or other local public oll'u:: MUST ABSTAIH from voting on a
which inures to hL~ special private gain. Each ok:teed or appointed local oflictr also i.I prohibited from knowingly voting on a mca.t=
which inurm to the sprcial g~in of a pfinci.r, al (other than a go~rnment agency) by whom he is retained (including the par:
organization or subsidiary.of a corporate principal by which he is retained); to the special private gain of a relative: or to the spec!~
r~rivate ~ain of a busine~ associate. Commissionen of community r~:lev~lopment aiFncics under Sec. 163.356 or 163.357. F.S.. ar
officen of indep:ndent .~pecial tax districts elected on a one-acm, one-vote basis an: not prohibited from voting in d~at capacity.
For purposes of Il.is law. ~ '=lative" includes only the o~cer's father, mother, son. daughter, husband, wife. father-in-law.
law. son-in-law, and daughter-ln-~w. A 'b,,inc'ss associate" means any per, on or entity engaged in or carrying on a busin:
en,erprise with the officer .ts a partner, joint venturer, cooWncr of property, or corporate shareholder (whom ~he shares of
corporatio, are n~,t listed on ,,ny national or n:~ortal stock exchange).
£LE~ OFT'JCl[RS:
in addition to abstaining from voting in t,Se sit~tions described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the asu:mbly the nature of your interc~ in the measu=
which you are abstaining from votin~ ,=nd
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the penon responsible ."
recording lhe minutes of the meetin[, who should incorporate the fonm in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in the= matters.
you must disclose the nature of t~e conflict bcfor~ making any attempt to inl-luence the decision, whether orally or in writing a
whether made by you or at your diretnion.
IF YOU INTF_ND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEE'VING AT WHIC
THE VOTE WLL BE TAKEN:
· You must complctc ~nd file this form (before making any attempt to irfflucnce the decision) with the per~on rc~por.~ibl: :
recording the minutea o; ~hc meeting, ',,',,u will incorporate thc form in thc minute~.
· A copy of the form mu~t be provided immediately to :he other members of the agency.
· Thc form must be r~d publicly at the next meeting after thc form is fled. ". W {, ~
CT. FORM lB - IO-ql
IF YOU M~K£ NO A'rTEM IrT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETI~NG:
Ibc m~dns, who must inco~o~tc Ibc fo~ ~n ~c m~nutcs. A copy of thc fo~ must bc provided immodestly ~o :~: e:
mcm~n of ~ a~n~, and thc fo~ m~ ~ ~ad publicly a~ thc ncxt mccdng after ~hc for~ ~s ~]cd.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby d~sclo~ that on /'~-" ,/~/~,"~ ~
(a) A measure came or will come before my agency which (check one)
~ inured lo my specL~l private gain;
.,. inured to thc specLal g~in of my business associate,
-- inured to the sPe~Lal 8Rin of my
. .. inurtd to ~he special pin
whom i am r~ta~.:td: or
inured ~. 'he ~-~1 g~in of
is thc parcm r.'.4mzadon or subsidiary ora principal which has rct~incd mc.
(b)~.Thc mca.sure before my agency and ,he nature of my con.qicdng intcrt.~ in thc me-'~surc is as follows:
Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.217 (19oI). A FAILURE TO MAKE ANY REQUIR
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 13E PUNISHED BY ONE OR N;~RE OF THE FOLLOW[:
IMPEACHMENT, REMOVAl. OR SUSPENSION FROM OFFICE OR E.~ziPLOYMENT, DEMOTION. REDUCTION
SALARY, REPRIMAND, OR A CIVIL PENALTY NOTTO EXCEED $5,000.
cr FCR~! lB - 10-91
1
,66 1
PELICAN BAY SERVICES DIVISION
CLAM BAY RESTORATION FUND
November 30, 1997
EXPENDITURES
Capital Outla.~
Imprm'¢rr~nts C~nc ra I
O~hcr Machlnc~' & E, Imp
SubTolai
Other Fees & Charges
Tax Collcclor
Propcm.' Apprai~r
Rcx'cnuc Rcscrvc
Sub-Total
TOTAL APPROPRIATIONS
F.Y. 1997 F.Y. 1998 Total Exp. No~'. 1997
Budzct Budzc! Budl~ct To Date Balance Expends
15t.168 $ 54.532
71.-160 $ 7.54O
54. I:q4 $ 12.'11fi
47.112 S 42.~88
7.1~) I S 20.599
10.55o S 3~.55o
18.524 S 121.294
~6 i.999 $ 317.719
207700
70,000
86,500
00,000
27,600
49 100
130 818
679 718
188.9oo S 18.8OO $ 17.677
71.46t) $ 7.541/
(,5.75x $ 2r).742 $ 6.097
52.155 $ 37.845
9.319 S 18.281 S 244
10.550 $ 38.550 S -
21.118 S II8.7{X1 S -
$ 419.259 S 2611.459
S 15.459 S 1.161.4~n} $1.376.850 $ 15.459 S 1.361.4oo S
$ 2Y, 27 S S 2.827 $ 2.827 S S
S 18.2t46 S 1.3(,I.4~) $1,370.686 S I1q.286 $ 1.361..1(x} $
S 24.1118
I0.214 S 20.(~)O S 30,2 14 $ 12.259 S 17.955
S I].4(~1 $ 13.400 S S 13.4oo
S 2.t.(,t~ S 23,600 S S 23.600
S IO.214 $ 57.~}o S 67,214 $ 12.259 $ 54.955 S 2.0'~o
[S ,9o.4',', iS 1.7t6.119 I$ 2.126.618 IS 449.804 Is 1.676.814 ] S 26.047
ACCOUNTS PAYABI.E - NOVEMBER
DATE INV. NO. AMOUNT
Lewis Emironmenlal
tx:wis Environmcntal
Tackncy & Associates
WMB&P
TOTAL INVOICES
o9/29/97 97163 $ 4.0OI.25
I 1/19/97 97192 $ 2.02067
11/20/97 572 S 'L567.87
11118197 767'I S 5.182.51
S 20.772.'~0
Collier County Govt. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 34112
Telephone (AC 941) 774-4434
16[
Dcccrnbcr Ii. 10o7
Mr James Ward
Pelican Bay Scrv,cc,~
801 I.aurcl Oak Dri~,c
Suite 605
Naples. FI. 3410s
Dear Mr Ward
Attacb,.'d please find a co~' of the November monthly statistics for Pelican Bay. North Naples
road patrol. S |:, T Team. North Naples Community Service deputies report, as well as a break down
for calls for s,:r~,'ice specific to P,:lican Bay
UN I P 0 RM D I V I S I ON
MONTHLY STAT REPORT
MONTH OP: NOVEMBER 1997
DISTI~ICT ON~/PELICAN BAY
TOTAL ACTIVITIES 1332 FELONY A3tRESTS 01 BA~KER ACT 00
W~R-ITERS 42 MISD ;d~RESTS 05 MYERS ACTS 00
ACCIDENTS WOP. K 15 WA~RR. ;%RRESTS 00 *SIG 41R 477
ACCIDE1TT ASSIST 07 AJ~REST ASSIST 05 *SIG 4lB 337
*F. I. REPORTS 10 *%~AFFIC CITS 15 CITY CALLS 15
*I~rl~ELL. REPORTS 01 *TRFC. WA3~NINGS 33 BACK-UP CLS 32
"COMM POL. FORMS 07 *PARKING CITS. 06 SCHOL XING 00
AID Oq"HER AGENCY 13 N.T.A. ' S 01 TRFFC STOPS 38
SPECIAL ASSIGN 00 FALSE ALARMS 172 S. I. TOTAL 326
SIGN~# of'~ubstat ion Commander
Date
Collier County Sh~rif£'s Of£ic~
Crimes by Day of Week
From 0')/16/')7 through 10/1~/')7
For Grid 120!
PELICAN BAY
Claseificmtion
Sun Mon Tu~ Wed Thur Fri
Class
Sat Total
BURG-VEHICLE / AUTO
BURGLARY OF DWELLING
BURGLARY/TRESPAGS
OCCUPATIONAL/CONSTRU
PETTY/GRAND THEFT
SUSPICIOUS INCIDENTS
TRAFFIC ACCIDENT
TRAFFIC ACCIDENT
Grand To%al~
0 0 0 I 0
I 0 0 0 0 3
0 0 0 I 0 0
0 0 0 1 0 0
0 0 0 0 0 0
0 1 0 0 0 1
0 1 0 0 0 0
0 0 0 i 0 0
I 2 0 4 0 5
1
0
0
0
2
0 2
1 5
0 1
0 1
1
2
Collier County Sheri~Z'e O~i~e
Dispatches by Day o~ Week
From 09/16/97 through 10/15/97
For Grid 1201
PELICAN BAY
Dispatch Type
Sun Mon Tues Wed Thur
Dispatch
Sat ToLal
ACCIDENT 0 I 0 0 0 0 0 1
ALARM 23
CRIMINAL MISCHIEF 0 0
DISTURBANCE 0 I 0 0 0 0 0 t
DROWNING 0 0 0 0 0 0 I 1
FIRE 0 0 0 2 0 0 0 2
HIGHWkY O~STRUCTION 0 0 0 0 0
NO[SE COMPLAINT I 0 0 0 0 0 2 3
NOTIFY P£~!iON/WELFAR£
RiSQUe:iT HgLP/NON-EM£RGKHC 0 0 0 0 0
STOLEN CA~ 0 0 0
SUSPICKOU~ I~CIDENT 0 · 3 0 2 0 0 5
SUSP[CIOUB PERSON 1 2 0 1 0 0 0 4
SUSPICIOUS VEHICLE 0 1 I 2 0 i 0 5
UNVERIFIED 911 I 2 2 1 5 2 6 19
VERIFY VIN 0 0 0
Grand Total: 27 26 23 26 24 18 24 16~